Loading...
2007 02 22 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 22, 2007 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 22, 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 Lynn A. Caskey, II - City Council Member, District 5 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 Mayor DonCarlos called the Regular Session of Council to order at 6:30 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes for the Regular Session meeting and Work Session meeting held on February 8, 2007 and the Special Session Meeting held on February 15, 2007. The minutes for the Regular Session meeting and Work Session meeting held on February 8, 2007 and the Special Session Meeting held on February 15, 2007 were approved with an amendment to the minutes of the regular session meeting on February 8, 2007. Council Member Don Murray stated that his vote on Council Member Renteria’s motion to request funding for Phase II of the Downtown Streetscape project in the amount of $1,250,000 was recorded improperly and that it should reflect the proper vote of Nay. With the changes in place, Council Member Murray moved to approve the minutes for the Regular Session and Work Session Meeting held on February 8, 2007 and the Special Session Meeting held on February 15, 2007. 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 2 of 17 Minutes of the Regular Session Meeting— February 22, 2007 CITIZENS COMMUNICATIONS AND RECOGNITIONS Ms. Carol Ford has requested to address Council as a member of the Town Square Homeowners Association in order to present a petition that requests the resurfacing of Town Circle. Ms. Carol Ford has appeared and addressed Council as a member of the Town Square Homeowners Association. She read a petition that requests the resurfacing of Town Circle which is a city street that contains 47 Town Homes. She stated that numerous requests have been made to have the street paved, but it has only been patched. The street is a block and half long. Discussion that this street is located in Council District 6 and was originally built by the developer of the neighborhood Town Homes. Council Member Mahan informed Ms. Ford that the City is currently looking at street repairs and repaving, but he cannot promise that this street will be one that will be repaired but it will be looked at in the review. PUBLIC HEARINGS Conduct the Public Hearing on the proposed initiative repealing Chapter 42 “Health and Sanitation”, Article III “Smoking”; adopting a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. Mayor DonCarlos opened the public meeting at 6:42 p.m. He explained that on February 8, 2007, the City Clerk certified the initiative petition as sufficient, meeting the requirements of the City Charter and the Election Code. He stated that the Charter further provides in Article X, Section 103 that the City Council hold a public hearing, giving all interested parties the right to appear and be heard 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. Mayor DonCarlos then called the first person signing up to speak at this public hearing as follows: Gerri Ybarra: 118 Bellview, Baytown, TX (281-427-0747) - Gerri Ybarra gave time to Ignacio Ramirez, Jr. Ignacio Ramirez, Jr.: 3515 East Cedar Bayou Lynchburg, Baytown, TX (281-421-1102) - Mr. Ramirez is a junior at Sterling High and is against the proposed Ordinance. He presented the youth’s perspective on the smoking issue. He stated that the only jobs available for youth are those found at restaurants and grocery stores, and if Baytown goes back to the old ordinance, the youth of Baytown will have to work in smoke filled environments as many of the youth choose restaurants over grocery stores. Mr. Ramirez gave statistics about second hand smoke and having to work in these places for almost 20 to 30 hours per week. He is against going back to these hazards. He asked each elected official to be mindful of the youth who cannot make these decisions for themselves. He wants each to do the right thing for the community. Bruce Kennedy MD: 4706 Ironwood Drive, Baytown, TX (281-424-3024) - Mr. Kennedy is a Page 3 of 17 Minutes of the Regular Session Meeting— February 22, 2007 representative of the Smoke Free Baytown Coalition. He voted for Baytown to be smoke free and says since the ordinance passed, 3 other cities in Texas have joined Baytown and now there are 14 cities in Texas that are smoke free. He stated the dangers of second hand smoke and how ventilation does not remedy these problems. He wants protection for everyone from these dangers. The current proposal revokes the rights for everyone to breathe smoke free air and he is against the proposed ordinance. Dianne W. Ray: 3608 Gail Road, Baytown, TX (281-427-6288) - Ms. Ray told Council that she wants the ordinance passed. She stated that all of the second hand smoke issues that people name can be found in the air because of the plants located in Baytown. She believes that she has a right to do what she wants to her body. She told Council that since the election in November, she does not shop in Baytown. David McCartney: 102 Oak Shadows, Baytown, TX (832-876-8363) – Mr. McCartney voiced his frustrations about the negative impact of the smoking ordinance. He stated that sales have fallen 20% to 35% and owners of bars cannot pay their overhead and rent. He stated that other cities have smoke free ordinances that are more favorable than ours and would like to see something similar to the old ordinance so businesses can compete. He also discussed the changes suggested about the Charter amendments. He gave statistics on a survey he conducted in the November election and concluded it would have failed if voters would have read the ordinance. Steve Hallon: 4911 North Main, Baytown, TX (832-549-3087) – Mr. Hallon is a bar owner. He stated that he has had a 37% drop in business since the ordinance has been implemented and that it is affecting the income of two of his workers. He told Council that his business is going to LaPorte and Kemah. Gay Craig: P.O. Box 4321, Baytown, TX (281-427-7710) - Ms. Craig stated that she would like to have the smoking ordinance back to the way it was before November, 2006. She stated that her business is going out of town Gloria Bashrum: 8102 Bayside, Baytown, TX (281-383-2214) - Ms. Bashrum gave her time to James Haarmeyer. James Haarmeyer: 8102 Bayside, Baytown, TX (281-383-2214) – Mr. Haarmeyer asked Council to consider passing the Initiative Ordinance without sending it to the people for a vote. He said the current ordinance is not enforceable and the only logical answer is to go back to the way it was before the November election thereby saving City staff from trying to enforce an ordinance that is not enforceable. He also pointed out other problems with the current ordinance. Tammy Miller: 1205 North Fifth, Baytown, TX (281-428-2335) – Ms. Miller is a bar owner. She talked about the problems in her facility with patrons who are smoking and because of the new ordinance she is not permitted to provide an ashtray yet she is also unable to monitor the situation. So now there are problems with burns in the carpeting. She has seen a drop in revenue because her business is going to other towns. Rocky Strange: 1307 SH 146, Baytown, TX (281-837-7122) – Mr. Strange told Council that his business is down 31%. Business is going to other towns where they can smoke and drink. The new ordinance has affected his business. Before the ordinance 75% of the businesses in Baytown was smoke free anyway so he is in favor of the Initiative Ordinance. Page 4 of 17 Minutes of the Regular Session Meeting— February 22, 2007 With no other persons signing up to speak at this public hearing, Mayor DonCarlos closed the Public Meeting at 7:12 p.m. BUSINESS ITEMS Proposed Ordinances Mayor DonCarlos called 4.a.1 and 4.a.3 together for purposes of discussion. Consider Proposed Ordinance repealing Chapter 42 “Health and Sanitation”, Article III “Smoking”; adopting a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. The proposed ordinance repeals Chapter 42 “Health and Sanitation”, Article III “Smoking”; and adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. In accordance with the Charter, the City Council shall consider the proposed initiative ordinance and must take final action on the ordinance within a sixty-day period. During such sixty-day period, the City Council may adopt the ordinance, adopt a different version of the ordinance, or call an election to submit the proposed initiative ordinance to the voters. However, should the City Council adopt the proposed ordinance in a different form than what was submitted, the City Council must still call an election on the submitted ordinance. If the proposed initiative ordinance is ultimately passed by the voters, the City Council may amend or repeal the same as in the case of other ordinances. Council elected not to act on this item and moved on to item 4.a.3. Consider Proposed Ordinance calling a May 12, 2007 special election in accordance with Article X, Section 104 of the Charter of the City of Baytown submitting to the electors a proposed initiative ordinance which repeals the current smoking ordinance and adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. The Proposed Ordinance calls a May 12, 2007 special election in accordance with Article X; Section 104 of the Charter of the City of Baytown submitting to the electors a proposed initiative ordinance which repeals the current smoking ordinance and adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. In accordance with the Charter, the City Council shall consider the proposed initiative ordinance and must take final action on the ordinance within a sixty-day period. During such sixty-day period, the City Council may adopt the ordinance, adopt a different version of the ordinance, or call an election to submit the proposed initiative ordinance to the voters. However, should the City Council adopt the proposed ordinance in a different form than what was submitted, the City Council must still call an election on the submitted ordinance. If the proposed initiative ordinance is ultimately passed by the voters, the City Council may amend or repeal the same as in the case of other ordinances. This proposed ordinance calls a special, city-wide election for May 12, 2007. Page 5 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Discussion was had about the options available. There was lengthy discussion about the current ordinance and the enforcement issues expressed in the Public Hearing. Council Member Caskey moved to approve the ordinance with the amendments to the ballot language. 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. ORDINANCE NO. 10,548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSES OF CONSIDERING A PROPOSED INITIATIVE ORDINANCE WHICH REPEALS THE CURRENT SMOKING ORDINANCE AND ADOPTS A NEW CHAPTER 42 “HEALTH AND SANITATION”, ARTICLE III “SMOKING” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, THAT REINSTATES THE PREVIOUS SMOKING ORDINANCE; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; AND PROVIDING FOR THE MAILING, POSTING AND PUBLICATION OF NOTICE. Consider Proposed Ordinance ordering the Municipal Election to be held on the 12th day of May 2007, for the purpose of electing one Council Member each from District Numbers One, Two and Three. The Proposed Ordinance orders the Municipal Election to be held on the 12th day of May 2007, for the purpose of electing one Council Member each from District Numbers One, Two and Three. According to state statute, the regular election must be held on Saturday, May 12, 2007. It will be necessary to elect one Council Member each from District Numbers One (1), Two (2), and Three (3) for three-year terms. The proposed ordinance establishes procedures for holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board, and provides for a run-off, if necessary. The election officers will be appointed by separate resolution. Early voting will take place from April 30 through May 8, 2007. Council Member Capetillo moved to approve the ordinance with the amendments to the Early Voting Ballot Board Judge and Central Counting Station Judge. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Page 6 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Nays: None The motion carried. ORDINANCE NO. 10,549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 12 TH DAY OF MAY, 2007, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 42 “Health and Sanitation,” Article III “Smoking,” of the Consider Proposed Ordinance amending Chapter 42 “Health and Sanitation,” Article III “Smoking,” of the current smoking ordinance, Section 42-96 “Definitions” to add a definition of “place of worship”; Section 42-102 “Where Smoking Not Regulated,” Subsection G to clarify the exemption concerning outdoor areas; and Section 42-104 “Posting of Signs” of the Code of Ordinances, Baytown, Texas, to address signage requirements and ashtrays in public places. City Manager Jackson explained that the Proposed Ordinance amends Chapter 42 “Health and Sanitation,” Article III “Smoking,” of the current smoking ordinance, Section 42-96 “Definitions” to add a definition of “place of worship”; Section 42-102 “Where Smoking Not Regulated,” Subsection G to clarify the exemption concerning outdoor areas; and Section 42-104 “Posting of Signs” of the Code of Ordinances, Baytown, Texas, to address signage requirements and ashtrays in public places. The attached memo from the Mayor outlines certain revisions recommended to be made to the current smoking ordinance. The proposed ordinance only changes the following sections: Section Revision 42-96 A definition of “place of worship” has been added. Such term is used in Section 42-104 to exempt places of worship from the signage requirements. 42-102 This section has been revised to correct a typo. As proposed, the exemption from the smoking ordinance for outdoor areas of places of employment does not apply to:  seating areas of all outdoor arenas, stadiums, and amphitheaters pursuant to Section 42-100;  an outdoor area within 15 feet of an enclosed area pursuant to Section 42 42-101; and  an outdoor area that has been declared as a non-smoking area by the operator, manager, or other person in control of the area pursuant to Section 42-103. Page 7 of 17 Minutes of the Regular Session Meeting— February 22, 2007 42-104 This section addresses, in part, signage on vehicles and ashtrays in public places. Specifically, as proposed, signs will not be required:  on vehicles; however, at least one sign will be required within a vehicle for hire and a vehicle used for public transportation and  at places of worship if such place has adopted a nonsmoking policy consistent with the City’s smoking ordinance. Ashtrays will be allowed:  in public places selling them  in vehicles containing ashtrays as part of the original equipment; and  in places where ashtrays are being stored for use in areas where smoking is permitted. Mayor DonCarlos explained that he had asked for this item to be placed on the agenda and explained his reasoning for same. He stated that passing these amendments will ease enforcement issues for staff. Council Member Murray stated that side issues have been used to mask the real issue of the ordinance which is for the City of Baytown to be smoke free or not. The intent that the people voted on is smoke free. The council has the authority and obligation to remove the side issues. Council Member Renteria stated that four members stated that they would not change this ordinance in anyway. He stated that he would not go back on his word. Council Member Mahan stated that he has admitted that he made a mistake in this area and he set the record straight. With several people signing up to speak on this item, Mayor DonCarlos called the following citizens to speak: Brad Hoffman: 600 West Sterling Street, Baytown, TX (281-427-1725) – Mr. Hoffman would like to have this ordinance passed which amends the current smoking ordinance. He is a pastor of a local church and is believes that houses of worship should not have to place no smoking signs on the door as this practice is strange and bizarre. Houses of worship are areas that welcome people and these signs give a message of rejection. Mr. Hoffman told the Council that in 20 years of being a pastor he has never had to ask someone not to smoke in church. This is a non issue. This just does not happen. Dottie Dumas: 129 Red Bud Lane, Baytown, TX (281-424-4299) – Ms. Dumas is a pastor at St. Paul’s Methodist Church. This mission of the church is: Open Hearts, Open Minds, Open Doors. Posting No Smoking Signs does not fit with this image. In all years that she has been a pastor, smoking in church has never had a problem. Dianne Ray: 3608 Gail Road, Baytown, TX (281-427-6288) – Ms. Ray told Council that she heard many times after the last election that if they voted straight ticket that they did not get to vote and that they were also confused about what they were voting for in the last election. Dr. Bruce Kennedy: 4706 Ironwood Drive, Baytown, TX (281-424-3024) – Dr. Kennedy represents the Smoke Free Coalition and he told Council that the Coalition supports the amendments. Page 8 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Gloria Bashrum: 8102 Bayside, Baytown, TX (281-383-2216) – Ms. Bashrum gave her time to speak to James Haarmeyer. James Haarmeyer: 8102 Bayside, Baytown, TX (281-383-2216) – Mr. Haarmeyer told Council that the exemptions for churches being proposed was not asked for by the churches. He gave background information about the practice on the last ordinance and waivers for churches. He also went on to explain that there are other businesses in the same positions as the churches and they have to post signs. He wanted to know where the exemptions will stop. This is a minor inconvenience to the churches. He stated that the current ordinance for the bars it is not minor it is affecting their livelihood. He is not in favor of the amendments. Council Member Sheley wanted to know the cost of the City's smoking signs. Mr. Lester the Director of Health answered the question as follows: $1.10 for back stick signs, $1.80 for front stick, and about $7.80 for hard plastic. Mr. Sheley stated that reducing the size as the amendment suggests will permit the cost to go down. Council Member Sheley is in favor of some of the amendments and not others and wondered if they might vote on the amendments separately. Council Member Caskey is not in favor of signs on churches but gave his word that he would not amend the ordinance as passed by the people and he will vote no. Council Member Renteria stated he would not amend and will vote no. Council Member Mahan moved to approve the ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, and Mahan Mayor DonCarlos Nays: Council Members Renteria, Caskey and Sheley The motion carried. ORDINANCE NO. 10,550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE III “SMOKING,” SECTION 42-96 “DEFINITIONS” TO ADD A DEFINITION OF “PLACE OF WORSHIP”; 42-102 “WHERE SMOKING NOT REGULATED,” SUBSECTION G TO CLARIFY THE EXEMPTION CONCERNING OUTDOOR AREAS; AND SECTION 42-104 “POSTING OF SIGNS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADDRESS SIGNAGE REQUIREMENTS AND ASHTRAYS IN PUBLIC PLACES; CONTAINING A SAVINGS CLAUSE; REPEALING INCONSISTENT ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 9 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Consider Proposed Ordinance authorizing the law firm of Chamberlain, Hrdlicka, White, Williams & Martin, P.C., to seek reimbursement for excess costs expended by the City concerning the design and construction of the Baytown Emergency Operations Center and directing the law firm to file a lawsuit in the event appropriate reimbursement is not timely made and authorizing additional funding for such legal services. City Manager Jackson explained that the Proposed Ordinance authorizes the law firm of Chamberlain, Hrdlicka, White, Williams & Martin, P.C., to seek reimbursement for excess costs expended by the City concerning the design and construction of the Baytown Emergency Operations Center and directs the law firm to file a lawsuit in the event appropriate reimbursement is not timely made. The proposed ordinance authorizes the City Manager, after consultation with the firm and the City Attorney, to determine for purposes of filing suit whether any monies received for reimbursement are sufficient. The proposed ordinance also authorizes the City Manager to negotiate and execute an engagement letter for additional services for an amount not to exceed $50,000. Council Member Caskey moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE LAW FIRM OF CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN, P.C., TO SEEK REIMBURSEMENT FOR CERTAIN COSTS EXPENDED BY THE CITY CONCERNING THE DESIGN AND CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY; DIRECTING THE LAW FIRM TO FILE A LAWSUIT IN THE EVENT APPROPRIATE REIMBURSEMENT IS NOT TIMELY MADE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ENGAGEMENT LETTER WITH CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN, P.C., FOR THE ADDITIONAL LEGAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance granting a preservation easement to the Texas Historical Commission for the building located at 220 West Defee Street. City Manager Jackson explained that the Proposed Ordinance grants a preservation easement to the Texas Historical Commission (“THC”) for the building located at 220 West Defee Street. The Bay Area Heritage Society of Baytown, Texas, applied for and has been awarded an $8,500 grant through the Texas Preservation Trust Grant Program, which is administered by the THC, for the mural located within such building. As part of such award, it is required that the City grant an easement to THC for the Page 10 of 17 Minutes of the Regular Session Meeting— February 22, 2007 building to ensure the long-term preservation of the grant-assisted property. The easement requires that the City maintain the property to ensure that the historic architectural integrity of the property is not permitted to deteriorate. Additionally, in the event that the property is damaged or destroyed, the City commits to restore the historic architectural integrity of the property to the condition that existed prior to the damage. The grant award will be used to restore the mural entitled “Texas Progress” by artist Barse Miller. Ms. Jane Roberts, a retired school teacher, addressed Council and told them that the mural was done by a WPA artist and there are only a few of these murals in existence. Mr. Ramirez explained the constitutional problems existing with this grant and in order to restore the mural the grant requires an easement that ultimately requires the City to take care of the building “forever”. The grant is $4,200 and the City would match with $4,200 but the greater issue is the lifetime maintenance of the building. Discussion was had about the use of HOT funds for this project. The deadline for the decision is March 5. A special City Council meeting will be held on March 1, 2007. In the meantime, City staff will see if HOT funds can be used for this project. Consider proposed Ordinance awarding the Northeast Wastewater Treatment Plant Offsite Collection System Project, Package One. This item was not ready Consider Proposed Ordinance approving final payment to Montgomery Building Services, LLC. and accepting the Bayland Island Ship Store Renovation Project. City Manager Jackson explained that the Proposed Ordinance approves final payment and a release of retainage of $17,555.10 to Montgomery Building Services, LLC (Montgomery) and accepts the Bayland Island Ship Store Renovation Project. The project consisted of encasing the structure in an architectural metal skin and metal roof. All windows and doors were then removed, resealed and reinstalled to provide a weatherproof structure. The original contract was awarded to Montgomery for a sum not to exceed $134,426 and the final contract amount was $138,538.50. A change order for $4,112.50 was executed administratively for additional gutter fabrication. The contractor’s workmanship was satisfactory and the project was completed within the assigned time limits. The project was funded from the 1992 AMT (Marina) Bonds. Council Member Sheley moved to approve the ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Page 11 of 17 Minutes of the Regular Session Meeting— February 22, 2007 ORDINANCE NO. 10,552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAYLAND ISLAND SHIP STORE RENOVATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTEEN THOUSAND FIVE HUNDRED FIFTY-FIVE AND 10/100 DOLLARS ($17,555.10) TO MONTGOMERY BUILDING SERVICES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolutions Consider Proposed Resolution accepting the petition requesting annexation of a 10.8162 acre tract submitted by Mohamed Aziz Momin, owner of a 10.8162 acre tract of land being out of Lot 5 of the subdivision of the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded under Clerk’s File No. L330578 of the Deed Records of Harris County, Texas. City Manager Jackson explained that the Proposed Resolution No. 070222, accepts the petition requesting annexation of a 10.8162 acre tract submitted by Mohamed Aziz Momin, owner of a 10.8162 acre tract of land being out of Lot 5 of the subdivision of the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded under Clerk’s File No. L330578 of the Deed Records of Harris County, Texas. This 10.8162 acre tract is contiguous to the city limits of Baytown; is vacant and without residents and will be used as follows:  20,000 Sq. Ft. of Retail Center  20,000 Sq. Ft of Office Plaza and  200 Room Motel The property is located near the intersection of I-10 and Garth Road. Council Member Sheley moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MOHAMED AZIZ MOMIN, CONCERNING THE ANNEXATION OF A 10.8162-ACRE TRACT OF LAND BEING OUT OF LOT 5 OF Page 12 of 17 Minutes of the Regular Session Meeting— February 22, 2007 THE SUBDIVISION OF THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21 IN HARRIS COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN CALLED 20.971 ACRE TRACT DESCRIBED IN DEED RECORDED UNDER CLERK’S FILE NO. L330578 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution 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 professional services associated with one year of street construction projects. These costs include the following: 1. Preliminary and Final Design 2. Bidding 3. Construction Oversight 4. Surveying 5. Geotechnical 6. Inspection 7. Materials Testing 8. Reimbursables The anticipated sale date is March 22, 2007. Approval of the Notice of Intent will authorize the sale of $1,000,000 in Certificates of Obligation which will cover the professional services and any issuance costs associated with the certificates. The debt service for the certificates will be structured such that the first payment will be in the 2007-08 fiscal year. The City will publish the notice twice prior to the sale of the certificates. Council Member Capetillo moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1836 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. Page 13 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Motions Approves plans and specifications and authorizes advertisement to take bids for the Fire Department Equipment Shelter Project. Approves plans and specifications and authorizes advertisement for the Fire Department Equipment Shelter Project. The scope of work for the project is to furnish and install a pre-engineered metal building on a drilled pier foundation. The estimated construction cost for this project is $55,000 for a 42' x 90' building or $61,000 for 42' x 120'. The total budget is $55,000. Therefore, the bid form will reflect alternate bid items. The construction duration is 90 calendar days and Emergency Management Capital funds will fund this project. Should Council approve to advertise this project, the pre-bid conference and the bid opening will take place, on March 9th and March 16th, respectively. Pending the outcome of the bids, a construction contract could then be brought before Council at the April 12th meeting. Council Member Capetillo moved to approve the plans and specifications and to authorize advertisement to take bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Reports Receive the 2006 Racial Profiling Report Council received the 2006 Racial Profiling Report from the Baytown Police Department, as required by Art. 2.134 of the Texas Code of Criminal Procedure. The report provided a comparative analysis of race of each person arrested, ticketed or searched to determine any prevalence of racial profiling; and to examine the disposition of stops, including searches resulting from the stops, and information relating to each complaint alleging racial profiling. Through research of the complaints filed through the Internal Affairs Division, it has been determined that there were no complaints involving allegations of racial profiling reported in the year 2006. CONSENT Council Member Sheley moved to approve the Consent agenda items 5a, 5c, 5d, and 5e. Council Member Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None Page 14 of 17 Minutes of the Regular Session Meeting— February 22, 2007 The motion carried. Consider Proposed Ordinance authorizing an Interlocal Agreement with Barbers Hill ISD, Goose Creek ISD, City of Seabrook, and the City of Baytown for an auction to be held March 31, 2007. The ordinance was discussed and approved as submitted. The ordinance was approved as submitted. The caption appears as follows: ORDINANCE NO. 10,553 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 INTERLOCAL AGREEMENT WITH BARBERS HILL INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, AND THE CITY OF SEABROOK FOR A COOPERATIVE AUCTION TO BE HELD ON MARCH 31, 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving Change Order No. 1 to the Wayne Gray Sports Complex Paving Improvements Project with AAA Asphalt, Inc. The ordinance was approved as submitted. The caption appears as follows: ORDINANCE NO. 10,554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH AAA ASPHALT, INC., FOR THE WAYNE GRAY SPORTS COMPLEX PAVING IMPROVEMENTS PROJECT; AUTHORIZING (I) THE ADDITION OF TWO LINE ITEMS FOR EXCAVATION AND CEMENT STABILIZED SAND, (II) A DEDUCTION IN THE QUANTITY OF CONCRETE OVERLAY, AND (III) THE EXTENSION OF CONTRACT DURATION BY 120 CALENDAR DAYS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit and the Chief Executive Officer’s Approval regarding the Issuance of the Southeast Texas Housing Finance Corporation’s issuance of Single Family Mortgage Revenue Refunding Notes, Series 2007A. The resolution was approved as submitted. The caption appears as follows: RESOLUTION NO. 1837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND Page 15 of 17 Minutes of the Regular Session Meeting— February 22, 2007 NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT AND THE CHIEF EXECUTIVE OFFICER’S APPROVAL REGARDING SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE REFUNDING NOTES, SERIES 2007A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Approves plans and specifications and authorizes advertisement to take bids for the Environmental Protection - Storm Water Detention Ponds Project. The item was approved without discussion and by consent. Mayor DonCarlos called the following item for discussion: Consider Proposed Ordinance authorizing a joint election with Goose Creek Consolidated Independent School District for the general and special election to be held on May 12, 2007. City Manager Jackson explained that on February 21, 2007 the Texas Legislature passed Senate Joint Resolution 13 which calls for a proposed constitutional amendment proposition on the May 12, 2007 ballot. The passage of this joint resolution will cause a statewide election to occur on May 12, 2007 in addition to the joint City and Goose Creek CISD (School) elections that are currently being planned. He stated that Harris County has already contacted the City to inquire about a joint election with them as was conducted in November in 2006. Mr. Jackson explained that while Harris County has confirmed that there will be enough equipment for the City to conduct a stand-alone election, they have also stated that they will not have the manpower to assist us in the event that we have problems with the eSlate machines or need assistance in our central counting station with the tabulations on election night. Mr. Jackson called u pon the City Clerk, Lorri Coody to explain the problems that might be encountered should the City consider a stand-alone election which would mean that there would be three elections being conducted on one day. Ms. Coody explained to council that should the City of Baytown and Goose Creek CISD opt to conduct th stand-alone elections on May 12this would mean that each polling location would have three sets of election equipment and a minimum of two sets of election workers. This is provided that enough election workers could be hired to conduct three elections. In the stand alone election, during Early Voting and on Election Day, voters would participate in three different elections at their particular voting location. An example of what voters would encounter is as follows: Page 16 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Go to the polls 1. Go to City election table 2. Be qualified 3. Vote 4. Go to the School table 5. Be qualified 6. Vote 7. Go to the County table 8. Be qualified 9. Vote This process is time consuming and confusing for voters and it is not the responsibility of the judge and/or election workers to tell voters in which election to participate. This could result in missed votes and other problems. A joint election with Harris County would be less confusing, more convenient for the voter, and reduce the probability of election errors. Council engaged in discussion about this information and asked questions which Ms. Coody answered. The consensus of Council was: If Early Voting dates and hours could be consistent between Harris and Chambers Counties a joint election with the Counties was a viable option. No action was taken on this matter. APPOINTMENTS Consider appointments to the Urban Rehabilitation Standards Review Board (4). Council Member Mahan moved to reappoint William Gidley, Mortgage Loan Banker; W. A. McElhannon, Registered Engineer; and Tom Hughes, Building Contractor for reappointment for the March 1, 2007 through March 1, 2009 term and Tom Cottor as interested citizen for the March 1, 2007 through the March 1, 2009 term. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider City Manager's re-appointments to the Library Board (4). City Manager Jackson advised Council of his appointment to the Library Board. Mr. Steve E. Ellis and Mr. Gene Poirot are appointed for the March 1, 2007 through March 1, 2009 term. Page 17 of 17 Minutes of the Regular Session Meeting— February 22, 2007 Council Member Sheley moved to approve the City Manager’s appointments. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Tow Truck Committee (1). This item is not ready. MANAGER'S REPORT City Manager Jackson reported that the “Year in Review” reports for 2006 are complete and that “Trash- Off” will be held on April 1. He told Council that each month a different department of the City will give a short presentation describing departmental functions and this month they will hear from the Engineering Department. Departmental Presentation from the Engineering Department. Mr. Joe Lysengen, Acting Director of Engineering gave the report for the Department. He opened the presentation with the department’s Mission Statement and explained the Departmental Purpose. Mr. Lysengen went over the Organizational Chart and introduced staff which were present. He told Council what each member of his staff was responsible for in terms of duties and responsibilities. The department has two divisions - a design group and a project management group and each group has a different set of core services. Mr. Lysengen outlined the core services for each group and explained to Council that his department as a whole has to interface with many departments in the City to get projects successfully completed. He also told Council that the City’s Engineering Department has been responsible for the rehabilitation of 73.2 miles of sewer lines since 2001 and 87% of this was designed in house. ADJOURN Mayor DonCarlos presented City Manager Gary Jackson with a plaque to publicly honor him for the wonderful job he has done in managing our City and for the positive influence he has had. He told Mr. Jackson that “We will miss you and thank you for your dedication.” With no additional business the meeting adjourned at 9:05 p.m. ______________________________ Lorri Coody, City Clerk