2007 02 08 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 8, 2007
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 8, 2007, at 6:30 p.m.
in the Council Chamber of the City of Baytown with the following in attendance:
Stephen H. DonCarlos – Mayor
Mercedes Renteria, III - City Council Member, District 1
Scott Sheley - City Council Member, District 2
Brandon Capetillo - City Council Member, District 3
Don Murray - City Council Member, District 4
Sammy Mahan - City Council Member, District 6
Gary Jackson - City Manager
Lorri Coody - City Clerk
Bob Leiper - Deputy City Manager
Kelvin Knauf - Assistant City Manager
Ignacio Ramirez - City Attorney
Absent: Lynn A. Caskey, II - City Council Member, District 5
CALL TO ORDER
Mayor DonCarlos Opened the Meeting at 6:35 p.m. with a quorum present.
MINUTES
Consider approval of the minutes for the Regular Council Meeting and the Work Session
Meeting held on January 25, 2007.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Scott Sheley -
City Council Member, District 2
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy Mahan - City Council
Member, District 6
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Youth of the Month
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Minutes of the Regular Session Meeting— February 8, 2007
Mayor DonCarlos presented Eugene Martir as the "Youth of the Month" for January. Eugene is a
senior at Ross S. Sterling High School that is currently ranked in the top 10 of his graduating
class. He has maintained all A's throughout his Elementary, Junior High and High School years.
As a participant in UIL District he placed 2nd in Spelling and Vocabulary in 2004, 2005 and
2006. He also placed in Region and Boys State in 2006.
Eugene is very active in extracurricular activities such as the Band, Orchestra, Key Club, Red
Cross, Spanish Club, National Honor Society, Good Sportsmanship League, Student Council and
Hospitality ministries at the St. John’s Catholic Church. He is a Math tutor for 2nd graders and
he has also gained experience and training with Insta Health Services, San Jacinto Hospital and
the Baytown Sun as a Teen Reporter.
Eugene has excelled in many areas and today we congratulate him on his achievements and
contribution to our community.
BUSINESS ITEMS
Proposed Ordinances
Consider Proposed Ordinance authorizing the First Amendment to the Agreement for
Promotional and Tourist Services with the Baytown Chamber of Commerce for advertising
and promotional services related to the 20th Anniversary for Houston Raceway Park.
City Manager Jackson explained that the Proposed Ordinance authorizes the First Amendment to
the Agreement for Promotional and Tourist Services with the Baytown Chamber of Commerce
(the “Chamber”) for advertising and promotional services related to the 20th Anniversary for
Houston Raceway Park. At the January 25th Council Meeting, the Chamber requested an
additional $50,000 from hotel occupancy tax revenues for various advertising services in order to
promote tourism and the convention and hotel industry and to attract tourists to the City or its
vicinity in relation to the Spring Nationals at Houston Raceway Park.
Specifically, the Chamber proposes to increase the advertising efforts related to the event to
include additional markets, including Baton Rouge, Lafayette, Lake Charles, Beaumont, Lufkin,
Corpus Christi, Bryan/College Station, and San Antonio. Under the proposed agreement, the
Chamber will advertise the new events, namely the Hot Rod Rally, the Grudge Race event, and
the Community Reception, as well as the main event consistent with permitted uses of the hotel
occupancy tax revenues.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR PROMOTIONAL AND
TOURIST SERVICES WITH THE BAYTOWN CHAMBER OF COMMERCE RELATED TO
THE 20TH ANNIVERSARY FOR THE HOUSTON RACEWAY PARK; AUTHORIZING
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Minutes of the Regular Session Meeting— February 8, 2007
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FIFTY THOUSAND AND
NO/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Don Murray - City
Council Member, District 4
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Consider Proposed Ordinance approving final payment to G&N Enterprises, Inc., and
accepting the West District Wastewater Treatment Plant Head Works Rehabilitation
Project.
City Manager Jackson explained that the Proposed Ordinance approves final payment of $64,725
to G&N Enterprises, Inc. (G&N) and accepting the West District Wastewater Treatment Plan
Head Works Rehabilitation Project. The project consisted of the replacement of six existing
submersible pumps, the installation of a new exhaust fan and intake louver, electrical work with
a level controller, and wet well rehabilitation. The original contract was awarded to G&N for a
sum not to exceed $790,000.00 and the final contract amount was $647,250. There were two
change orders on this project. Change order No. 1 was a credit of $13,000 for the refurbished use
of existing hatch doors. Change Order No. 2 in the amount of $18,250.00 was for the installation
of additional handrails, stainless steel supports, and grout. Two of the original line items were
not used in this project that totaled an additional deduction of $148,000.00. Therefore, the
overall project yielded cost savings of 18.10 percent. The contractor’s workmanship was
satisfactory and the project was completed within the assigned time limits.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE WEST DISTRICT HEAD WORKS REHABILITATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-FOUR THOUSAND SEVEN
HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($64,725.00) TO G & N
ENTERPRISES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Mercedes
Renteria, III - City Council Member, District 1
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
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Minutes of the Regular Session Meeting— February 8, 2007
Mahan - City Council Member, District 6
Consider Proposed Ordinance granting a permit to Texas Petrochemicals, L.P. for a new
pipeline and establishing the amount of the bond.
City Manager Jackson explained that the Proposed Ordinance grants a permit to Texas
Petrochemicals, L.P. for a new pipeline and establishing the amount of the bond for a four-inch
pipeline in an existing pipeline right-of-way. The new pipeline will cross underneath Baker Road
near Decker Dr. in an existing pipeline corridor. The pipeline will carry HD-5 Propane with a
maximum operating pressure of 1040 PSIG and a normal operating pressure of 900 PSIG. The
carrier pipe is A53 Grade B steel with an outside diameter of 4.50-inches and a wall thickness of
0.337-inches. The pipe will also include a fusion bonded epoxy coating with a minimum coating
thickness of 14-16 mils. The minimum yield strength of the pipe is 35,000 PSI or 35 KSI. The
Acting Director of Engineering recommends a cash bond of $150,000.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A PERMIT TO TEXAS PETROCHEMICALS, L.P., FOR A NEW PIPELINE
AND ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING
THE ACTING DIRECTOR OF ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Mercedes
Renteria, III - City Council Member, District 1
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Receive certification of sufficiency regarding the proposed initiative ordinance, which
repeals Chapter 42 “Health and Sanitation”, Article III “Smoking”; adopts a new Chapter
42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking
ordinance.
City Clerk, Lorri Coody presented Council with a certificate of sufficiency regarding the
proposed initiative ordinance, which repeals Chapter 42 “Health and Sanitation”, Article III
“Smoking”; adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that
reinstates the previous smoking ordinance.
The petition was filed on January 17, 2007 and is sufficient in accordance with the terms of the
Charter and the Election Code as follows:
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Minutes of the Regular Session Meeting— February 8, 2007
The petition contained the full text of the proposed ordinance;
Each separate petition contained a circulator’s affidavit with a statement that he/she
personally circulated the petition paper that it bears a stated number of signatures, that all
signatures were made in his/her presence, and that he/she believes them to be the genuine
signatures of the persons whose names they purport to be;
Each signer signed in ink or indelible pencil and indicated his/her place of residence by
street and number;
Each petition contained the names and addresses of five electors, who, were the
committee of the petitioners, and responsible for the circulation and filing of the petition;
The petition papers were assembled and filed as one instrument;
The petition papers were signed by a sufficient number of qualified electors.
The petition contained the signers’ printed names;
The petition contained the signers’ date of birth or voter registration number and county
of registration;
The petition contained the date of signing for each signer (a petition signature is invalid if
the signer signed the petition earlier than the 180th day before the date the petition is
filed.).
In addition to the sufficiency of the petition, the proposed initiative ordinance was read aloud in
accordance with Article X, Section 103 of the Charter of the City of Baytown.
Discuss the proposed initiative ordinance, which repeals Chapter 42 “Health and
Sanitation”, Article III “Smoking”; adopts a new Chapter 42 “Health and Sanitation”,
Article III “Smoking” that reinstates the previous smoking ordinance.
No discussion was had on this item and Mayor DonCarlos called the next item on the agenda.
Consider Proposed Ordinance setting the date and place for a public hearing upon the
proposed initiative ordinance, which repeals Chapter 42 “Health and Sanitation”, Article
III “Smoking”; adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking”
that reinstates the previous smoking ordinance.
City Manager Jackson explained that the Proposed Ordinance sets the date and place for a public
hearing upon the proposed initiative ordinance, which repeals Chapter 42 “Health and
Sanitation”, Article III “Smoking”; adopts a new Chapter 42 “Health and Sanitation”, Article III
“Smoking” that reinstates the previous smoking ordinance. Article X, Section 103 of the Charter
of the City of Baytown requires that provision be made for a public hearing upon the proposed
initiative ordinance.
Discussion was had that the hearing will be held on Thursday, February 22, 2007, 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.
The ordinance was discussed and approved as submitted. The caption appears as follows:
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Minutes of the Regular Session Meeting— February 8, 2007
ORDINANCE NO. 10,541
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 REINSTATES THE PREVIOUS SMOKING
ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Mercedes Renteria, III - City Council Member, District 1; Second By: Brandon
Capetillo - City Council Member, District 3
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Discuss and take possible action regarding an updated smoking ordinance enforcement
plan.
City Manager Jackson gave background information about the smoking ordinance. On
November 7, 2006 a smoking ordinance was approved by a majority of Baytown voters. The key
provisions of the ordinance are as follows:
Smoking is prohibited in:
Enclosed public places;
Enclosed places of employment;
Outdoor arenas and stadiums;
Enclosed City-owned facilities;
Vehicles while used in the course of employment; and
Any establishment, facility, or outdoor area declared as non-smoking by person in control
of property where properly signed.
Smoking is allowed in the following places:
Private residences, except when used as a child care, adult day care, or health care
facility;
Private vehicles, except when used in the course of employment;
Hotel/motel rooms, designated as smoking rooms (not to exceed 20% of total rooms);
Retail tobacco stores;
Private and semi-private rooms in nursing homes and long-term care facilities;
Private clubs that have no employees;
Outside areas (except within 15’ of a door or in an outdoor arena or stadium); and
Areas designated in a hospital psychiatric unit.
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Minutes of the Regular Session Meeting— February 8, 2007
Signs are required as follows:
Signs with “No Smoking” and/or the international “No Smoking” symbol must be clearly
and conspicuously posted in every place as required by the ordinance;
Signs must clearly state that smoking is prohibited within 15’ of the entrance as required
by the ordinance; and
Signs must be 10” x 14” and in contrasting colors with block letters at least one inch in
height.
Ashtrays must be removed from areas where smoking is prohibited;
Penalties may be assessed as follows:
A person who smokes in a prohibited area shall be guilty of an infraction, punishable by a
fine in accordance with Section 1-14 of the Code of Ordinances (currently not to exceed
$2000) and
A person who owns, operates, manages, or controls a public place or place of
employment who fails to comply shall be guilty of an infraction, punishable by:
1. a fine not exceeding $100 for 1st violation,
2. a fine not exceeding $200 for 2nd violation within a 12-month, or
3. a fine not exceeding $500 for each additional violation within a 12-month period.
At the December 1, 2006 City Council meeting, Staff presented a report regarding plans for
implementation, interpretation and enforcement. At that meeting Council decided the following:
There will be no requirements for putting signs on vehicles within which the ordinance
prohibits smoking,
There will be no prohibition against ashtrays being available for sale in a venue within
which the ordinance prohibits smoking, and
There will be a 30 day period after the implementation date to allow for education of the
public.
The 30 day period began on the ordinance effective date which, per the ordinance, was
December 1, 2006. After the ordinance became effective on December 1, 2006 Staff
implemented the educational period to explain the ordinance requirements and to educate the
public about how the ordinance was to be enforced. Staff received nineteen (19) complaints
about persons smoking in violation of the ordinance and seventeen (17) complaints about
violations of the smoking ordinance sign requirements. No citations were written during the
educational period. For the period from January 25 thru February 8, 2007 the Health Department
received eleven (11) complaints.
Mr. Lester addressed Council concerning the complaints and the types of complaints. Mr. Lester
has researched the number of complaints his department receives. With the previous ordinance in
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Minutes of the Regular Session Meeting— February 8, 2007
place, citizens know that they need to call the Health Department to file complaints. A complaint
is defined as complaint once it is entered into the system and paperwork is signed.
Mr. Lester explained that regardless of the ordinance his department has made and will continue
to make routine inspections. Nonetheless, during the first month of the new ordinance, his Staff
stressed education and compliance. After the first month, during inspections, violations were
noted on the inspection sheets. Complaint inspections were made similarly and followed up as
are all complaints. Complaints are prioritized based upon the seriousness of the violation. For
example, not having the appropriate signage is not as a priority as a food service complaint.
Discussion was had if the complaints received are honest and credible. Mr. Lester stated that
complainant information is not required and is only recorded when given. However, he informed
Council that complainant information is protected by the Public Information Act. He told
Council that he did not see honesty as a problem in the complaints received.
There was discussion about enforcement of complaints at places where alcohol is served and the
reaction his staff receives.
Council wanted to know if Mr. Lester needed police assistance to enforce the ordinance. Mr.
Lester told of one occasion in December 2006 when he felt assistance was needed for safety
reasons. Mr. Jackson explained that enforcement of the ordinance carries a criminal penalty. The
charging instrument is a citation issued by peace officers. Staff has concerns about enforcement
of the ordinance as it pertains to the safety of health inspectors. Gaining identification of a
violator can become problematic because of State laws. The risk to the safety of the health
inspector increases after dark at businesses where the primary purpose of the business is on-
premise sale of alcoholic beverages. To more effectively enforce the smoking ordinance, Staff
proposes that the enforcement plan for the smoking ordinance include the following:
Complaints continue to be routed to the Health Department.
The time, location and nature of the complaints will be determined.
If multiple complaints are filed alleging that violations of the smoking ordinance are
occurring at a particular location generally before 7:00 p.m., the Health Department will
investigate complaints before 7:00 p.m.
If voluntary compliance is not obtained or the person refuses to identify him/herself, the
Health Department may call for police backup and request the peace officer obtain
identification.
If multiple complaints allege that violations of the smoking ordinance are occurring at a
particular location after 7:00 p.m., arrangements may be made by the Health Department
to have a police officer accompany the health inspector(s) to investigate the complaints
after 7:00 p.m.
Chief Jones addressed Council and stated that his officers do not typically go into a bar without
backup. Mr. Jackson pointed out that the Health Inspectors are not trained police officers and do
not carry weapons nor do they have experience in handling people who have been drinking.
Therefore enforcement after hours becomes a risky situation for these inspectors. Chief Jones
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Minutes of the Regular Session Meeting— February 8, 2007
pointed out that with the number and types of complaints made thus the need for inspections with
police assistance would be minimal.
Discussion was had about the enforcement issue after 7:00 p.m. Mayor DonCarlos noted that
several citizens had signed up to address Council on this item. Accordingly, he called the
following individuals:
Gay Craig: 4618 N. Hwy 146, Baytown, Texas (281-427-7710) - Talked about her bar and her
opinion about the smoking ordinance and having police in her bar. Would like to have the
ordinance back the way it was because the bar is her business.
Maria Zoes: 104 North Main, Baytown, Texas (281-425-9900) - No answer when called.
Gloria Bashrum: 8102 Bayside, Baytown, Texas (281-422-0222) - Gave time to James
Haarmeyer.
T. Kincaid: No address recorded (832-556-8259) - Gave time to James Haarmeyer.
James Haarmeyer: 8102 Bayside, Baytown, Texas - Mr. Haarmeyer gave out a hand out
containing pictures of various smoking ordinance violations within the City limits. He pointed
out to Council that there are many churches not in compliance with the new ordinance and
signage. He showed pictures of many violations that were reported since December and the
Health Inspectors have not acted upon these complaints. He told Council that most of the bars
are in compliance. It is the patrons that are in the bar that are not in compliance. He stated that
the Inspectors are giving demerits to the owners because the patrons are smoking but the
ordinance does not provide for this type of violations.
Council asked questions about the handout and Mr. Haarmeyer answered the questions
accordingly.
Mr. Lester addressed the question about the churches not have signage. He told Council that
churches do need to place the signs. However, he told council that it is a matter of priority as he
believes that people do not typically smoke at church. He also explained that establishments
being inspected for food services are not given demerits for smoking ordinance violations.
With no further discussion, Council Member Murray moved to approve the Staffs'
recommendation for the Smoking Ordinance Enforcement Plan to enforce the smoking ordinance
and that the Health Department get names of more than 3 complainants before seeking police
assistance. The motion died for lack of a second.
Consider Proposed Ordinance amending Chapter 42 “Health and Sanitation,” Article II
“Public Health Hazards,” Division 1 “Generally,” Section 42-26 “Definitions” of the Code
of Ordinances, Baytown, Texas (the “Code”) to add a definition of “private sewer line”;
amending Section 42-63 “Maintenance of private sewer lines” of the Code to extend the
period provided for which repairs to private sewer lines must be made and to provide for a
surcharge for failure to make the required repairs; and amending Chapter 98 “Utilities,”
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Minutes of the Regular Session Meeting— February 8, 2007
Article I “In General,” of the Code to add a section to be numbered and entitled Section 98-
1 “Priority of payment” to specify how utility payments will be applied.
City Manager Jackson explained that the Proposed Ordinance amends:
Chapter 42 “Health and Sanitation,” Article II “Public Health Hazards,”
Division 1 “Generally,” Section 42-26 “Definitions” of the Code of Ordinances,
Baytown, Texas (the “Code”) to add a definition of “private sewer line”;
Division 2 “Public Health Nuisances,” Section 42-63 “Maintenance of private
sewer lines” of the Code to extend the period provided for which repairs to private
sewer lines must be made and to provide for a surcharge for failure to make the
required repairs;
Chapter 98 “Utilities,” Article I “In General” of the Code to add a section to be numbered
and entitled Section 98-1 “Priority of payment” to specify how utility payments will be
applied.
Like the current ordinance, this proposed ordinance requires private sewer lines that admit earth
or water or permit the escape of effluents be repaired. However, this proposed ordinance requires
that repairs be completed within 365 days, instead of the current maximum of 180 days, after
receiving notice from the City. Also, the proposed ordinance prohibits the use and repair of
concrete, clay, cast iron or orangeburg pipe and requires pvc pipe or an equivalent be used. If the
repairs are not made within the requisite time period, a surcharge of twenty-five dollars ($25.00)
will be added to the monthly utility bill each month the private line remains defective and the
owner will be prohibited from renting property to a new tenant, who was not occupying the
property at the time the repair period expired. If a surcharge is not paid, the normal process for
non-payment of utility charges will be followed. If the utilities are disconnected, the surcharge
will continue to be charged monthly as I&I will continue until the line is repaired or replaced.
Utilities will not be reconnected until the private line is repaired or replaced and past due charges
are addressed. Additionally, the City may issue citations for failing to repair the private line
within the prescribed period and may secure any debt owed via a lien by following the same
process in which liens are filed for delinquent water charges. The proposed ordinance also
establishes a priority of payment, which specifies how utility payments will be applied to the
various fees owed.
This process was discussed at the City Council Retreat in December 2006 and at the Work
Session on January 11, 2007. The funding for a low income assistance program through CDBG
was discussed during the work session on February 8, 2007.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,542
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Minutes of the Regular Session Meeting— February 8, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE II “PUBLIC
HEALTH HAZARDS,” DIVISION 1 “GENERALLY,” SECTION 42-26 DEFINITIONS” OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A DEFINITION OF
“PRIVATE SEWER LINE”; AMENDING CHAPTER 42 “HEALTH AND SANITATION,”
ARTICLE II “PUBLIC HEALTH HAZARDS,”
DIVISION 2 “PUBLIC HEALTH NUISANCES,” SECTION 42-63 “MAINTENANCE OF
PRIVATE SEWER LINES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
EXTEND THE PERIOD PROVIDED FOR WHICH REPAIRS TO OR REPLACEMENT OF
PRIVATE SEWER LINES MUST BE MADE AND TO PROVIDE FOR A TWENTY-FIVE
AND NO/100 DOLLARS ($25.00) SURCHARGE FOR FAILURE TO MAKE THE
REQUIRED REPAIRS OR REPLACEMENT; AND AMENDING CHAPTER 98
“UTILITIES,” ARTICLE I “IN GENERAL,” OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING A SECTION TO BE NUMBERED AND ENTITLED
SECTION 98-1 “PRIORITY OF PAYMENT” TO ESTABLISH A PRIORITY OF HOW
UTILITY PAYMENTS WILL BE APPLIED; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Sammy Mahan - City
Council Member, District 6
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Consider Proposed Resolution repealing Resolution No. 1602, which approved Private
Sewer Line Repair and Replacement Program Guidelines and was adopted on September
11, 2003, and approving the CDBG Residential Sewer Line Repair and Replacement
Program Guidelines.
City Manager Jackson explained that the Proposed Resolution repeals Resolution No. 1602,
which approved Private Sewer Line Repair and Replacement Program Guidelines and was
adopted on September 11, 2003, and approves the CDBG Residential Sewer Line Repair and
Replacement Program Guidelines.
The Residential Sewer Line Repair and Replacement Program is sponsored by the City of
Baytown, through the Public Works Department and the Community Development Division. The
goal of this Program is to assist eligible citizens with the cost of repairing or replacing decayed
sewer lines on private residential properties. The improvements are necessary to reduce the
inflow and infiltration of rainfall water into the City of Baytown’s sanitary sewer system.
The resolution was discussed and approved as submitted. The caption appears as follows:
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Minutes of the Regular Session Meeting— February 8, 2007
RESOLUTION NO. 1833
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING RESOLUTION NO. 1602, WHICH APPROVED PRIVATE SEWER LINE
REPAIR AND REPLACEMENT PROGRAM GUIDELINES AND WAS ADOPTED ON
SEPTEMBER 11, 2003; ADOPTING THE RESIDENTIAL SEWER LINE REPAIR AND
REPLACEMENT PROGRAM GUIDELINES TO PROVIDE FUNDING FOR QUALIFIED
HOMEOWNERS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Mercedes Renteria, III -
City Council Member, District 1
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Discuss and take appropriate action regarding request(s) for federal appropriations from
Congressman Gene Green's office.
Mayor DonCarlos called this item out of order.
Mr. Jackson informed Council that the City has received the FY2008 Appropriation Request
Form from Congressman Gene Green's office. If the City of Baytown wishes to submit an
appropriations request for consideration by Representative Green, it needs to be approved and
submitted no later than March 1st. The February 22nd meeting is the last regular Council
meeting prior to the deadline for Council to consider this submission. Mr. Jackson suggested two
options for the Council to consider:
1. Repeat the request from last year since this request was not funded; or
2. Request funding for Phase II of Downtown Streetscape
After limited discussion about the earmarking of funds and the pros and cons of same, Mayor
DonCarlos called upon John Havenar, President of the Baytown Downtown Association (BDA)
to address Council. Mr. Havenar thanked Council for their support and outlined the BDA's
mission statement.
Council Member Renteria moved to request funding for Phase II of the Downtown Streetscape
project in the amount of $1,250,000. Council Member Capetillo seconded the motion.
5 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Sammy Mahan - City Council Member, District 6
1 Nay: Don Murray - City Council Member, District 4
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Minutes of the Regular Session Meeting— February 8, 2007
Council Member Renteria left the meeting after the vote on this item at 9:10 p.m.
Consider Proposed Resolution approving The Villas at Historic Goose Creek Development
Project and authorizing the allocation of housing tax credits for such project.
Mayor DonCarlos called this item out of order.
City Manager Jackson explained that the Proposed Resolution approves The Villas at Goose
Creek Development Project and authorizing the allocation of housing tax credits for such project.
Chris Presley through a company to be formed named Goose Creek Infill Housing 1, Ltd
(“GCIH 1”) desires to provide housing opportunities for low-income persons. GCIH 1 proposes
to develop The Villas at Goose Creek, which will be a development of approximately twenty-
four apartment units located at the southeast corner of N. Main Street and E. Defee Street, in
Baytown, Texas. GCIH 1 is pursuing a small business revolving loan from the Baytown
Municipal Development District as well as a low income housing tax credit (“LIHTC”) from the
Texas Department of Housing and Community Affairs (“TDHCA”) to assist financing the
project. Under TDHCA rules in the 2007 Qualified Allocation Plan and Rules (“QAP”), if the
development is located in a municipality that has more than twice the State average of units per
capita supported by LIHTC or private activity bonds, the applicant must obtain prior approval of
the development from the governmental body of the municipality. As a condition for being
considered for the award of tax credits, the GCIH 1 has committed to renting 20% of the units to
tenants with household incomes capped at 60% or below the area’s median family income
(“AMFI”) with rents affordable to tenants whose incomes are 60% or below the AMFI and 80%
of the units to tenants with household incomes capped at 50% or below the AMFI with rents
affordable to tenants whose household incomes are 50% or below the AMFI income in
compliance with the maximum Low Income Housing Tax Credit rents as published by the Texas
Department of Housing and Community Affairs. The Villas at Goose Creek is proposed as a
100% restricted income development, which will serve family households. The maximum
number of units and the proposed rents (less utility allowances) for the subject property’s tax
credit units are:
Units Type of Unit Proposed Rents
8 - 1 bedroom $510 to $625
12 - 2 bedroom $614 to $751
4 - 3 bedroom $704 to $862
GCIH 1 will provide a minimum of six social services at no cost to the tenants, based on the
needs of the tenants, to include some of the following: child care, transportation, basic adult
education, legal assistance, counseling services, GED preparation, English as second language,
vocational training, home buyer education, credit counseling, financial planning, health
screening, health and nutritional courses, organized team sports programs, youth programs,
scholastic tutoring; any programs described under Title IV-A of the Social Security Act; any
programs addressed by Section 2306.254 of the Texas Government Code; and/or those approved
in writing by TDHCA. The proposed resolution supports GCIH 1’s The Villas at Goose Creek
project and the allocation of housing tax credits for the development subject to GCIH 1
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Minutes of the Regular Session Meeting— February 8, 2007
providing at least six social services to its tenants at no cost based on the needs of the tenants. It
is important to note that this property and proposed improvements will remain on the ad valorem
tax rolls, as the developer is not seeking any form of property tax exemption.
The resolution was discussed and approved as submitted. The caption appears as follows:
RESOLUTION NO. 1834
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE VILLAS AT GOOSE CREEK DEVELOPMENT PROJECT AND
AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Sammy Mahan - City
Council Member, District 6
5 Ayes: Stephen H. DonCarlos - Mayor, Scott Sheley - City Council Member, District 2,
Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member,
District 4, Sammy Mahan - City Council Member, District 6
Motions
Consider approval of plans and specifications and authorize the solicitation of bids for the
demolition of the Taft Circle Apartments.
City Manager Jackson gave background information on the Taft Circle Apartments as follows:
On July 11, 2005, the Urban Rehabilitation Standards Review Board issued a demolition order
for Buildings 1-11 located on property known as Taft Circle Apartments. On November 10,
2005, during an appeal from the owners at that time, the City Council affirmed the order of the
Board but agreed to stay the order if repairs were made within specific time periods pursuant to
an Agreement for Repairs (the "Agreement").
Thereafter, the property was sold to Bobby and Sandra Rood, who appeared before the City
Council requesting an extension of time to comply with the Agreement. On June 22, 2006, the
City Council consented to the assignment of the Agreement to the Roods together with an
extension of time. Alpha Investco foreclosed on the property and then sold the same to Koltoniuk
Development, LTD ("Koltoniuk"). On September 14, 2006, the City Council authorized an
agreement with Koltoniuk to allow Koltoniuk some time to repair the buildings subject to the
demolition order. The deadline for completion of repairs to the first two buildings was February
5, 2007. Reminder letters were mailed to several addresses (attached) but were returned as
undeliverable. Because repairs were not made to any of the buildings in a timely manner, the stay
of the demolition order for all of the buildings will be lifted after the expiration of the 15 day
cure period if Koltoniuk has not complied with the terms of the agreement.
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Minutes of the Regular Session Meeting— February 8, 2007
The 2005 estimated cost of demolition, including asbestos abatement, range from $750,000 to $1
million. The project is being bid by individual building as well as a group of all the buildings so
that the level of work awarded can match the funding available. Each bid will also include
options for slab removal. Funding is from the CIPF and the forfeited proceeds from previous
renovation agreements ($50,000 Antonini, $50,000 Woodbridge, $125,000 Koltoniuk).
Bids can be solicited if the default is not corrected in the 15-day cure period. The bid process
could begin on Thursday, February 22, 2007. Assuming the process begins around that date, a
pre-bid conference is planned for mid-March and bids will be opened in late March. It is
anticipated that a recommendation for the award of the bid would be presented to City Council
on April 12, 2007.
Kevin Byal with the City's Building Services Division gave Council an update about his site
inspection. He estimated that the work is about 50% complete and reported that on February 7
application was made for the 3rd and 4th buildings. Mr. Byal believes that if an aggressive
attempt is made that it is possible to complete the two buildings in 45 days; however, we are in
the 15 day cure period now. On the other hand, it will take at least 45 days to prepare and receive
bids for demolition.
Discussion was had on the workmanship and Mr. David Koltoniuk was asked to address Council.
Mr. Koltoniuk gave Council a letter and apologized for his performance. He explained that he
has not been able to complete the work because of his inability to get workers due to the prior
owners history with the property. He confirmed that he did not contact the City when he knew he
was not going to be able to meet the deadline.
Mayor DonCarlos called upon the following citizen who signed up to speak on this item:
Mrs. Dennis Heyen: 2200 Buchanan, Baytown, Texas (281-427-0983) - Mrs. Heyen stated that
she too inspected the property and reports that she does not believe that he can have the property
completed in 60 days. She wants the property demolished.
Council engaged in discussion on what action to take and Council Member Mahan moved for
demolition bids by individual buildings as well as a group of all the buildings so that the level of
work awarded can match the funding available. Each bid will also include options for slab
removal. The motion was seconded by Council Member Capetillo.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Brandon Capetillo -
City Council Member, District 3
4 Ayes: Brandon Capetillo - City Council Member, District 3, Don Murray - City Council
Member, District 4, Sammy Mahan – City Council Member, District 6, Stephen H. DonCarlos -
Mayor,
1 Nay: Scott Sheley - City Council Member, District 2
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Minutes of the Regular Session Meeting— February 8, 2007
Discuss and take appropriate action regarding the recruitment process for the City
Manager's position.
Council Member Renteria rejoined the meeting at 9:40 p.m.
Mr. Jackson stated that this item was discussed earlier in the evening during the Work Session
Meeting. The purpose of this agenda item was to allow further discussion and possible action.
Council Member Murray moved to solicit proposals from executive search firms to assist the
City Council in filling this position and that staff will submit Council with a short list of three
firms from which Council will choose a firm. Council Member Capetillo seconded the motion.
The vote follows:
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy Mahan - City Council
Member, District 6
Discuss and take appropriate action regarding the timing and components of upcoming
General Obligation Bond Election(s).
Mr. Jackson explained that this agenda item will allow Council to continue the work session
discussion and to take appropriate action to direct staff in preparation for the February 22nd
Council meeting. The deadline to designate the possible bond election issues for a May 2007
election is February 22nd and the deadline to call the bond election is March 8th.
Mr. Jackson also explained the street design "certificate of obligation" timeline option. This
option provides for the selling of approximately $1M in certificates of obligation for 1 year of
design work on a $5M to $6M street construction project. The construction dollars will not be
needed until July or August of 2008, meaning the construction dollars could be part of a bond
election in November 2007 or even May 2008. If this option is taken, all that is need now is a
motion on the Notice of Intent to sell the certificates of obligation and the amount to be sold.
Council Member Sheley moved to sell $1M in certificates of obligation as soon as possible for
the engineering of streets and to set the date of November 2007 for a complete bond election for
the City of Baytown and charge the Bond Steering Committee with making recommendations of
city needs to be included in this election. Council Member Renteria seconded the motion. The
vote follows:
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Receive and discuss Financial Statements and Single Audit Report for the City of Baytown
fiscal year ended September 30, 2006.
Page 17 of 21
Minutes of the Regular Session Meeting— February 8, 2007
Robert Belt with Sandersen Knox and Belt presented the Financial Statements and Single Audit
Report for the City of Baytown fiscal year ended September 30, 2006. He stated that the City is
in good financial condition.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Brandon Capetillo -
City Council Member, District 3
6 Ayes: Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council
Member, District 3, Don Murray – City Council Member, District 4, Sammy Mahan - City
Council Member, District 6, Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City
Council Member, District 1
Receive and discuss Baytown Area Water Authority Financial Statements for the fiscal
year ended September 30, 2006.
Robert Belt with Sandersen Knox and Belt gave the Baytown Area Water Authority Financial
Statements for the fiscal year ended September 30, 2006. He stated that the Baytown Area Water
Authority is in good financial condition.
Motion By: Don Murray - City Council Member, District 4; Second By: Brandon Capetillo -
City Council Member, District 3
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Receive quarterly financial and investment reports for the period ending December 31,
2006 for the City of Baytown.
Rhonda Young, Finance Director for the City of Baytown, gave the quarterly financial and
investment reports for the period ending December 31, 2006 for the City of Baytown. She
reported that the revenues and expenditures are within protatas.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Don Murray - City
Council Member, District 4
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
CONSENT
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Minutes of the Regular Session Meeting— February 8, 2007
Council Member Sheley moved to approve the Consent agenda items 4a through 4e. Council
Member Mahan seconded the Motion. The vote follows:
6 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Sammy
Mahan - City Council Member, District 6
Council Member Sheley left the meeting after the vote.
Consider proposed ordinance awarding the renewal of the Parks and Lift Station's annual
mowing, edging and trimming services contract.
The ordinance was approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF GRANT SMITH MOWING AND TRUGREEN
LANDCARE FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF ONE HUNDRED EIGHTY-TWO THOUSAND SEVEN HUNDRED SIXTY AND 72/100
DOLLARS ($182,760.72); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider proposed ordinance awarding the repair of Decker Drive water well to Weisinger
Water Well, Inc.
The ordinance was approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,544
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF WEISINGER WATER WELL, INC., FOR THE REPAIR OF
DECKER DRIVE WATER WELL AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED TEN THOUSAND AND NO/100 DOLLARS
($210,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider proposed ordinance awarding the renewal of the annual janitorial cleaning
services contract.
The ordinance was approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,545
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Minutes of the Regular Session Meeting— February 8, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF J.R.R. SERVICE CLEANING FOR THE ANNUAL
JANITORIAL CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF SEVENTY-NINE THOUSAND NINE HUNDRED
NINE AND 70/100 DOLLARS ($79,909.70); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving final payment to Montgomery Building Services,
LLC. and accepting the Fire Station #3 Expansion Project.
The ordinance was approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE FIRE STATION #3 EXPANSION PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF TWENTY-ONE THOUSAND NINE HUNDRED EIGHTY-
NINE AND 85/100 DOLLARS ($21,989.85) TO MONTGOMERY BUILDING SERVICES,
LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing a reimbursement agreement with Harris
County for the construction of the Jenkins Park Skate Park.
The ordinance was approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH HARRIS COUNTY FOR REIMBURSEMENT FOR THE CONSTRUCTION OF THE
JENKINS PARK SKATE PARK; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
APPOINTMENTS
Consider an at-large appointment to the Community Development Advisory Committee
(1).
Council Member Capetillo moved to appoint Laura Acosta to serve a two year at large term
beginning January 1, 2007 and ending January 1, 2009. Council Member Mahan seconded the
motion. The vote follows:
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Minutes of the Regular Session Meeting— February 8, 2007
5 Ayes: Brandon Capetillo - City Council Member, District 3, Don Murray - City Council
Member, District 4, Sammy Mahan – City Council Member, District 6, Stephen H. DonCarlos -
Mayor, Mercedes Renteria, III - City Council Member, District 1
Consider appointment to the Board of Adjustments (Zoning) (1).
Council Member Murray moved to appoint Gilbert Santana to complete the unexpired term (July
27, 2005 - July 27, 2007) of D.H. Wilson on the Board of Adjustment. Council Member Mahan
seconded the motion. The vote follows:
5 Ayes: Brandon Capetillo - City Council Member, District 3, Don Murray - City Council
Member, District 4, Sammy Mahan – City Council Member, District 6, Stephen H. DonCarlos -
Mayor, Mercedes Renteria, III - City Council Member, District 1
Consider appointment to the Tow Truck Committee (1).
This item is not ready.
Consider confirmation of the Mayor’s appointment to the Baytown Housing Finance
Corporation Board (1).
Mayor DonCarlos announced that Board Member Lawrence Wallace has tendered his
resignation from the Board in order to devote additional time to the senior center project in
which he is involved. The Mayor announced that he has appointed Tony Roberson to this
position. The term began on April 1, 2005 and will expire on March 31, 2007.
Council Member Mahan moved to confirm the appointment of Tony Roberson. Council Member
Capetillo seconded the motion. The vote follows:
5 Ayes: Brandon Capetillo - City Council Member, District 3, Don Murray - City Council
Member, District 4, Sammy Mahan – City Council Member, District 6, Stephen H. DonCarlos -
Mayor, Mercedes Renteria, III - City Council Member, District 1
Consider appointment of an Interim City Manager
This item will be considered during a special session of Council on February 15, 2007 at 5:00
p.m.
EXECUTIVE SESSION
Recess into and conduct an executive session pursuant to Government Code, Section
551.074, to deliberate the appointment of an interim City Manager.
The executive session will be held during a special session of Council on February 15, 2007 at
5:00 p.m.
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Minutes of the Regular Session Meeting— February 8, 2007
MANAGER'S REPORT
City Manager Jackson announced that the Aquatics Master Plan Meeting will be held on
th
February 13 at 7 p.m. in the Council Chamber.
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the
motion. The vote follows:
5 Ayes: Brandon Capetillo - City Council Member, District 3, Don Murray - City Council
Member, District 4, Sammy Mahan – City Council Member, District 6, Stephen H. DonCarlos -
Mayor, Mercedes Renteria, III - City Council Member, District 1
With no additional business the meeting adjourned at 10:00 p.m.
______________________________
Lorri Coody, City Clerk