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2007 10 25 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 25, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez Council Member Scott Sheley Council Member Brandon Capetillo Council Member Don Murray Council Member Lynn A. Caskey, II Council Member Sammy Mahan Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. MINUTES Consider approval of the minutes for the Regular Council Meeting and the Work Session Meeting held on October 11, 2007. Council Member Mahan moved to approve the minutes as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Presentation to the Youth of the Month Each month the Mayor and Council recognize a youth in the community for outstanding contributions in the area of academics, sports, volunteer work and/or service. This Month, Mayor DonCarlos presented Matthew Chapa with this recognition. He is a senior at Ross Sterling High School with an un-weighted GPA of 4.0; raking him in the top 3% of his Page 2 of 21 Minutes of the Regular Session Meeting— October 25, 2007 thth class. Matthew has been an active member of the National Honor Society for his 11 and 12 grade year volunteering for many service projects. In addition to the Honor Society, Matthew is a member of the Red Cross Club, Crime stoppers and the Spanish Club. He has been a member of the Varsity Swimming Team and the Water Polo Team for four years. He currently holds one varsity record and five freshman records and has been honored as an Academic All-American in stst Water Polo as well as making the 1 All Region Team and 1 All State Team his junior year. Matthew shows great interest in the community by volunteering at the Relay for Life, Bowie Fall Festival, ExxonMobil Day, YMCA, and Crime Stopper golf tournament and raffle fundraisers. Matthew is an asset to our City and we honor him for his outstanding achievements and service to this community. We congratulate you on a job well done! Ms. Allison Carsey would like to speak to Council regarding questions and concerns over the Redemption House to be located in Baytown. Ms. Carsey was not present. Mr. Ken Williamson has requested to address Council regarding the resurfacing of West Texas Avenue from North Main to the Oak Tree. Mr. Williamson stated that there will be a lot of money spent on resurfacing West Texas Avenue and he feels that this road is not well traveled. Mr. Williamson believes that here are many other roads in Baytown that need resurfacing more than West Texas Avenue. One road he named was Kilgore Road. He stated that roads in ill repair are rough on old people. The Mayor told Mr. Williamson that Kilgore Road is in the final stages of design and will soon be repaved. PUBLIC HEARINGS Conduct the first public hearing on the proposed annexation of portions of Cedar Bayou Stream and the 500-foot strip of land commencing at the easterly right-of-way of State Highway 146 North and the mean high tide line of the east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou Stream to a point of intersection with the mean high tide line of the east bank of Cedar Bayou Stream and Highway 99, excluding those areas subject to an industrial district agreement with the City. Mayor DonCarlos opened the first public hearing regarding the proposed annexation of portions of Cedar Bayou Stream and the 500-foot strip of land at 6:38 p.m. Deputy City Manager Leiper explained that written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development agreements were sent along with these notices to those whom such agreements were required pursuant to LGC § 43.035. Page 3 of 21 Minutes of the Regular Session Meeting— October 25, 2007 With no one signing up to speak, Mayor DonCarlos closed the first public hearing regarding portions of Cedar Bayou Stream and the 500-foot strip of land at 6:39 p.m. Conduct the second public hearing on the proposed annexation of portions of Cedar Bayou Stream and the 500-foot strip of land commencing at the easterly right-of-way of State Highway 146 North and the mean high tide line of the east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou Stream to a point of intersection with the mean high tide line of the east bank of Cedar Bayou Stream and Highway 99, excluding those areas subject to an industrial district agreement with the City. Mayor DonCarlos opened the second public hearing regarding the proposed annexation of portions of Cedar Bayou Stream and the 500-foot strip of land at 6:39 p.m. With no one signing up to speak, Mayor DonCarlos closed the second public hearing regarding portions of Cedar Bayou Stream and the 500-foot strip of land at 6:39 p.m. Conduct the first public hearing on the proposed annexation of the 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris County, Texas. Mayor DonCarlos opened the first public hearing regarding the proposed annexation of a 1,000- foot strip of land adjacent to the east right-of-way of N. Main Street at 6:40 p.m. Deputy City Manager Leiper explained that written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Notices of the first public hearing was published in the October 15, 2007 issue of the Baytown Sun and was posted on the City of Baytown’s website on October 15, 2007. With no one signing up to speak, Mayor DonCarlos closed the first public hearing regarding portions of a 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street at 6:42 p.m. Conduct the second public hearing on the proposed annexation of the 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris County, Texas. Mayor DonCarlos opened the second public hearing regarding the proposed annexation of a 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street at 6:42 p.m. With no one signing up to speak, Mayor DonCarlos closed the second public hearing regarding portions of a 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street at 6:43 p.m. Page 4 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Conduct the first public hearing on the proposed annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road, excluding those areas already within the City limits and those areas subject to an industrial district agreement with the City. Mayor DonCarlos opened the first public hearing regarding the proposed annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road at 6:44 p.m. Deputy City Manager Leiper explained that written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development agreements were sent along with these notices to those whom such agreements were required pursuant to LGC § 43.035. Notices of the first and second public hearings were published in the October 15, 2007 issue of the Baytown Sun and were posted on the City of Baytown’s website on October 15, 2007. With no one signing up to speak, Mayor DonCarlos closed the first public hearing regarding portions of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road at 6:45 p.m. Conduct the second public hearing on the proposed annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road, excluding those areas already within the City limits and those areas subject to an industrial district agreement with the City. Mayor DonCarlos opened the second public hearing regarding the proposed annexation of the I- 10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road at 6:46 p.m. With no one signing up to speak, Mayor DonCarlos closed the second public hearing regarding portions of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road at 6:47 p.m. Page 5 of 21 Minutes of the Regular Session Meeting— October 25, 2007 PROPOSED ORDINANCES Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of the 50.4864 acre Tract 1 (called 50.4509 acres by deed) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with all of that certain 2.3021 acre tract (called 2.33 acres by deed) of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. City Manager Brumback explained that this 52.7885 acre tract of land is contiguous to the city limits of Baytown; is currently vacant and without residents and will be used as follows:  Warehouse Development  Residential Development  Reserve for Detention The property surrounds the Devinwood Subdivision located in the Northeast section of Baytown off of SH-146. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THE 50.4864 ACRE TRACT 1 (CALLED 50.4509 ACRES BY DEED) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH ALL OF THAT CERTAIN 2.3021 ACRE TRACT (CALLED 2.33 ACRES BY DEED) OF LAND CONVEYED BY DELMAR WAYNE BRAZELL TO J. G. KEELING AND SONYA Page 6 of 21 Minutes of the Regular Session Meeting— October 25, 2007 KEELING BY DEED DATED NOVEMBER 3, 2004, AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance authorizing an interlocal agreement with the City of Mesquite to purchase a license plate recognition system from Pixelpushers, Inc., d/b/a Civica Software. This item not ready Consider Proposed Ordinance authorizing the Second Amendment to the Agreement for Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and Prevention District to add back the one patrol officer position that was reprogrammed to a sergeant position in the First Amendment to such agreement. Chief Jones explained that the Proposed Ordinance authorizes the Second Amendment to the Agreement for Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and Prevention District ("CCPD") to add back the one patrol officer position that was reprogrammed to a sergeant position in the First Amendment to such agreement. The agreement with the CCPD provided funds for the City's employment of 14 police officers. Two of these positions were assigned to DOT enforcement and the remaining 12 make up the Hot Spot Team. Through the First Amendment, the City and the CCPD created a sergeant’s position among the 12-member team to improve supervision and operations to supervise and coordinate the activities of the team in the field. This Second Amendment adds-back this patrol officer's position and maintains the officer level of this team at 12 along with a supervisor. The CCPD Board of Directors approved the amendment at its meeting on October 16, 2007. The total sworn officers funded by CCPD after this amendment, if approved, will be 15 -- 14 patrol officers and one sergeant. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT WITH THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Consider Proposed Ordinance amending Ordinance No. 10,626 to increase the number of positions in the rank of patrol officer by five and reclassifying two positions in the rank of captain to that of lieutenant in the classification “Service Group – Police.” Police Chief, Byron Jones addressed Council concerning this item. He explained the following information. Adding Patrol Officers: In 2006, the City entered into an agreement with the Baytown Crime Control Prevention District (CCPD) for a public safety operations program, which entailed the employment of fourteen new entry-level patrol officers during Fiscal Year 06-07. Such agreement was amended to create a sergeant’s position on the Hot Spot Team and to reduce the number of patrol officer’s positions by one. The CCPD 2007-2008 budget added back the affected patrol officer's position. As such, the CCPD is funding one of these new patrol officers. The four other patrol officer positions are funded in the City’s 2007-08 General Fund. Reclassifying Captain Positions The proposed ordinance also reclassifies two appointed captain positions to lieutenant positions. The Police Department will have following number of positions in each classification: Chief of Police ……………………………………………………………..…1 Captain ………………………………………………………………………..2 (In accordance with Chapter 143 of the Texas local Government Code, 1 appointed captain position and 1 tested captain position) Lieutenant………………………………………………………………….… 8 Sergeant..……………………………………………………………………..15 Patrol Officer. ………………………………………………………………120 Civil service law requires the City Council to provide for the classification of all police officers and to establish the number of positions in each classification. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Page 8 of 21 Minutes of the Regular Session Meeting— October 25, 2007 ORDINANCE NO. 10,735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 10,626, PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION “SERVICE GROUP – POLICE”; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Ordinance No. 9645 regarding field training officer assignment pay to change the amount and the conditions under which the assignment pay is received. Human Resource Director, Alison Smith explained that the Proposed Ordinance amends Ordinance No. 9645 regarding field training officer assignment pay to change the amount and conditions under which the assignment pay is received. The changes are as follows: Current Proposed $0.80/hour while acting as a field training $50/month when assigned as a field training officer instructor The City Council has approved the funds for this change in the 2007-08 budget. Civil Service law requires that field training officer assignment pay and that the conditions of such pay be established by ordinance. Discussion was had by Council on this program and how the pay is to be disbursed. Ms. Smith explained the process and how it is applied. There was concern about a salary increase for individuals who are not going to be doing the job because the City will be hiring some officers who will not have to be trained. Discussion was had about the program from the current field training instructors’ view as explained by Chief Jones. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 9645 PASSED ON SEPTEMBER 25, 2003, WHICH Page 9 of 21 Minutes of the Regular Session Meeting— October 25, 2007 AUTHORIZING ASSIGNMENT PAY FOR FIELD TRAINING OFFICERS TO CHANGE THE AMOUNT AND THE CONDITIONS UNDER WHICH THE ASSIGNMENT PAY IS RECEIVED; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos called the following item out of order: EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Recess into and conduct an executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s attorney about contemplated litigation concerning the proposed barge terminal development along Cedar Bayou. Mayor DonCarlos announced at 7:03 p.m. that Council would recess into and conduct an executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s attorney about contemplated litigation concerning the proposed barge terminal development along Cedar Bayou. Mayor DonCarlos re-convened the meeting at 8:20 p.m. and announced that no action was taken in executive session. Consider Proposed Ordinance authorizing a reimbursement agreement with Harris County for the equipment at the Unidad Park Skate Park. City Manager Brumback explained that the Proposed Ordinance authorizes a reimbursement agreement with Harris County for the equipment at the Unidad Park Skate Park. Pursuant to the Agreement, the City commits to constructing a skate park consistent with the drawings approved by a representative of the County. Upon completion of construction, the County will reimburse the City for one-half of its actual cost of the equipment, not to exceed $75,000. Under the agreement, the City commits to using the property upon which the outdoor skate park is constructed as a skate park for a period of ten years. The City will place a sign at the site to acknowledge the County’s participation in the construction of the skate facility. The Council had previously entered into an interlocal agreement with the MDD to receive up to $300,000 to fund the construction of the new skate park. The $75,000 participation by Harris County is in addition to this MDD funding. Page 10 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Council Member Mahan moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, and Caskey Mayor DonCarlos Nays: None Members Sheley and Yepez were not present for the vote. The motion carried. ORDINANCE NO. 10,737 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 OF THE EQUIPMENT FOR THE UNIDAD PARK SKATE PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the release of retainage to PM Construction, Inc. and accepting the Pruett Estates Sewer Rehabilitation Project. City Manager Brumback explained that the Proposed Ordinance approves the release of retainage in the amount of $44,989.88 to PM Construction, Inc. (PM) and accepts the Pruett Estates Sanitary Sewer Rehabilitation Project. The original contract was awarded to PM for $920,594.25 with contract duration of 120 days. The project had two change orders totaling $22,186.25 for pipe bursting of 6” pipe to 7” HDPE that was discovered in the field and the cleaning and televising of lines that were found to not need rehabilitation. The amended contract amount was then $942,780.50. The project totaled $899,797.70; this was the cost savings of $42,982.80. The project went over the allotted time due to weather and the unforeseen work associated with the change orders by 40 days. The contractor finished the project with satisfactory workmanship. Council Member Sheley moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PRUETT ESTATES SANITARY SEWER REHABILITATION PROJECT; Page 11 of 21 Minutes of the Regular Session Meeting— October 25, 2007 AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-FOUR THOUSAND NINE HUNDRED EIGHTY-NINE AND 88/100 DOLLARS ($44,989.88) TO PM CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance establishing thirty-six (36) hours as the reasonable amount of cumulative time that personnel are required to spend producing public information for a requestor without recovering costs attributable to that personnel time, and amending Chapter 2 “Administration,” Article V “Finance,” Division 2 “Administrative Fees and Charges,” Section 2-616 “Public information” of the Code of Ordinances, Baytown, Texas, to add a new subsection numbered subsection (h) to authorize personnel charges after such period of time. City Manager Brumback explained that the Proposed Ordinance establishes thirty-six (36) hours as the reasonable amount of cumulative time that personnel are required to spend producing public information for a requestor without recovering costs attributable to that personnel time and amends Chapter 2 “Administration,” Article V “Finance,” Division 2 “Administrative Fees and Charges,” Section 2-616 “Public information” of the Code of Ordinances, Baytown, Texas, to add a new subsection numbered subsection (h) to authorize personnel charges after such period of time. Important changes concerning the Public Information Act went into effect on October 1, 2007. During the recent session of the Texas Legislature, HB 2564 was passed which addresses High Volume Public Information Requestors. The bill was introduced because a School District was inundated with public information requests by the parents of a child who had become irate over a decision the school had made regarding a particular situation concerning their child. The requests became financially burdensome and pulled staff away from more important tasks. As a result, HB 2564 was passed which amended Subchapter F, Chapter 552, of the Government Code, adding Section 552.275. Basically, the bill enables governmental entities to establish a reasonable limit (but not less than 36 hours) on the amount of time that personnel are required to spend producing public information for inspection or duplication by a requestor, providing copies to the requestor, or complying with a request submitted in the name of a minor without recovering costs attributed to that personnel time. Discussion was had that the minimum should be set at less than 36 hours as the number of workers processing these requests for the City is few and High Volume Requestor could consume a large portion of their time. One Council Member in particular felt very passionate about this point of view. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Caskey Page 12 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Mayor DonCarlos Nays: Capetillo The motion carried. ORDINANCE NO. 10,739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THIRTY-SIX (36) HOURS AS A REASONABLE LIMIT ON THE AMOUNT OF TIME THAT PERSONNEL OF THE CITY ARE REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION TO A REQUESTOR WITHOUT RECOVERING ITS COSTS ATTRIBUTABLE TO THAT PERSONNEL TIME; AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE V “FINANCE,” DIVISION 2 “ADMINISTRATIVE FEES AND CHARGES,” SECTION 2-616 “PUBLIC INFORMATION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED SUBSECTION (H) TO ESTABLISH A REASONABLE LIMIT ON THE AMOUNT OF TIME THAT CITY PERSONNEL ARE REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION FOR INSPECTION OR DUPLICATION BY A REQUESTOR, OR PROVIDING COPIES OF PUBLIC INFORMATION TO A REQUESTOR, WITHOUT RECOVERING ITS COSTS ATTRIBUTABLE TO THAT PERSONNEL TIME; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing litigation concerning the proposed barge terminal development along Cedar Bayou. Council Member Murray moved to table this item until the November 19, 2007 Council Meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. PROPOSED RESOLUTIONS Mayor DonCarlos announced that both of the follow items will be taken together. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit and the Highest Elected Official’s Approval of the Southeast Texas Housing Finance Corporation’s issuance of Multifamily Housing Revenue Bonds (Wyndham Park Apartments), Series 2007. Page 13 of 21 Minutes of the Regular Session Meeting— October 25, 2007 The Proposed Resolution authorizes and directs the Mayor to execute the General and No Litigation Certificate of Local Governmental Unit and the Highest Elected Official’s Approval of the Southeast Texas Housing Finance Corporation’s issuance of Multifamily Housing Revenue Bonds (Wyndham Park Apartments), Series 2007. SETH proposes to issue bonds in an aggregate principal amount not to exceed $14,500,000 for its Multifamily Housing Revenue Bond Program to provide funds to loan to HFI Wyndham Park Apartments, L.P., related to the acquisition and construction of a 184-unit multifamily housing community for seniors in Baytown. On September 25 at 12:15 p.m., SETH, after giving proper notice, held a public hearing concerning the proposed bond issuance at the City of Baytown’s Community Center. Those in attendance at the hearing inquired about the age requirements of residents, the length of the restrictions placed on the development, buffer zones around the property, and the type of security that will be provided. To gain approval of the Texas Attorney General’s Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City’s approval of SETH’s creation, the City's appointment to SETH’s Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. Additionally, SETH has asked the Mayor to execute a certificate indicating his approval of the proposed bond issuance. Consider Proposed Resolution approving the construction tax credit, senior affordable housing under Texas Department of Housing and Community Affairs (TDHCA) rules (1) within one linear mile of an existing development that serves the same type of household and (2) in a municipality that has more than twice the state average of units per capita supported by housing tax credits or private activity bonds. Dwayne Hudson explained the construction of the Wyndham Park Senior Housing Development on Rollingbrook Drive under the following TDHCA restrictions: (1) within one linear mile of an existing development that serves the same type of household, and (2) in a municipality that has more than twice the state average of units per capita supported by housing tax credits or private activity bonds. Under TDHCA rules, a project seeking to use Tax Credits or Bonds through TDHCA is required to obtain City Council approval if either of the above listed conditions exist. The tax credit senior housing being constructed on Birdsong is within one mile of this site and Baytown has twice the state average of tax credit or private activity bond projects. Mr. Hudson explained and Tiffany Foster with the City’s Planning Department confirmed that there is a need for additional affordable senior housing in Baytown. Ms. Foster told Council that City staff supports this new project. Mr. Hudson told Council that in addition to the senior housing, there will be 150 market-rate, general population apartments added to the project. Ms. Foster explained that the proposed resolution conditions the allowance, approval, and support of the development on the property owner (1) providing a minimum of six social services annually, for and at no cost to the residents of the development, based upon a survey of residents needs to be implemented within three months of project completion; (2) certifying that the applicant and/or owner of the Development has not and agreeing that it will not apply for status or exemption that would make it exempt from payment of ad valorem taxes, and (3) inclusion of these requirements in the Land Use Restriction Agreement by the Texas Department of Housing and Community Affairs. Page 14 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Discussion was had about the project’s pools as well as the timing of both projects and if they will be simultaneous. There was also discussion about the distance between the two projects and if there was a market for another seniors’ apartment community. Council Member Murray moved to approve the Resolutions as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (WYNDHAM PARK APARTMENTS) SERIES 2007 AND THE CHIEF EXECUTIVE OFFICER'S APPROVAL TO AUTHORIZE SUCH BONDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ALLOWING THE DEVELOPMENT AND CONSTRUCTION OF THE WYNDHAM PARK SENIOR HOUSING DEVELOPMENT LOCATED IN BAYTOWN, TEXAS, IN COMPLIANCE WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS REQUIREMENTS FOR A DEVELOPMENT WHICH IS LOCATED WITHIN ONE (I) LINEAR MILE OF AN EXISTING DEVELOPMENT THAT SERVES THE SAME TYPE OF HOUSEHOLD; APPROVING AND SUPPORTING THE WYNDHAM PARK SENIOR HOUSING DEVELOPMENT PROJECT PURSUANT TO SECTION 2306.6703 (A)(4) OF THE TEXAS GOVERNMENT CODE AND AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution granting recognition of the Baytown Municipal Police Association (BMPA) as the sole and exclusive bargaining agent for the police officers employed by the City of Baytown, Texas, excluding the Chief and exempt employees, and determining that the City may meet and confer with the BMPA under Subchapter B of Chapter 142 of the Texas Local Government Code without conducting an election. City Manager Brumback explained that the Proposed Resolution grants recognition of the Baytown Municipal Police Association (BMPA) as the sole and exclusive bargaining agent for Page 15 of 21 Minutes of the Regular Session Meeting— October 25, 2007 the police officers employed by the City of Baytown, Texas, excluding the Chief and exempt employees under 142.058(b), and determines that the City may meet and confer with the BMPA under Subchapter B of Chapter 142 of the Texas Local Government Code without conducting an election. The proposed resolution grants recognition as requested in the petition and determines that the City should meet and confer with the BMPA regarding terms and conditions of employment, including various recruitment programs/incentives to assist the City in recruiting new officers. Council Member Mahan moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING RECOGNITION OF THE BAYTOWN MUNICIPAL POLICE ASSOCIATION (BMPA) AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE POLICE OFFICERS EMPLOYED BY THE CITY OF BAYTOWN, TEXAS, EXCLUDING THE CHIEF AND EXEMPT EMPLOYEES; DETERMINING THAT THE CITY MAY MEET AND CONFER WITH THE BMPA UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE WITHOUT CONDUCTING AN ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution designating a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the 2008 year. Council Member Capetillo moved to appoint Council Member Murray and Mayor DonCarlos as the alternate for the General Assembly of the Houston-Galveston Area Council for the 2008 year. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None Abstain Council Member Murray The motion carried. Page 16 of 21 Minutes of the Regular Session Meeting— October 25, 2007 RESOLUTION NO. 1893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN’S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL FOR THE YEAR 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. REPORTS Receive quarterly investment report for the period ending September 30, 2007 for the City of Baytown. Andrea Deaton, Assistant Director of Finance, gave the quarterly investment report for the period ending September 30, 2007. For the General Fund, investment revenue totals were $1,221,899, which is 127% of the budget as compared to 146% for the prior year. Last year's governmental pool investment earnings were based on interest rates from 4.74% to 5.00%. This year's rates range from 5.257% to 5.293%. Last year's U.S. Agency investment rates range from 1.78% to 5.69%. This year's rates range between 3.70% and 6.00%. New investments are made at the market rates at the time of purchase. CONSENT Council Member Sheley moved to approve the Consent agenda items 7a through 7k. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance awarding the third renewal of the annual sulfur dioxide contract. ORDINANCE NO. 10,740 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY-ONE THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS (551,816.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 17 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Consider Proposed Ordinance authorizing the purchase of sixteen Chevrolet vehicles through H-GAC. ORDINANCE NO. 10,741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED NINE THOUSAND EIGHT HUNDRED NINETY-SEVEN AND NO/100 DOLLARS ($409,897.00) TO CALDWELL COUNTRY CHEVROLET THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF SIXTEEN (16) CHEVROLET VEHICLES FOR VARIOUS DEPARTMENTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of nine 2008 Ford vehicles through H-GAC. ORDINANCE NO. 10,742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY THOUSAND EIGHT HUNDRED THIRTY-THREE AND 05/100 DOLLARS ($180,833.05) TO PHILPOTT MOTORS, LTD., THOUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF NINE (9) 2008 FORD VEHICLES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of three 2008 Dodge diesel trucks through H-GAC. ORDINANCE NO. 10,743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINE THOUSAND TWO HUNDRED FORTY-SIX AND NO/100 DOLLARS ($109,246.00) TO PLANET DODGE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2008 DODGE DIESEL TRUCKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of one 2008 John Deere 310J backhoe loader and one 2008 John Deere 310SJ backhoe loader with concrete hammer through H-GAC. ORDINANCE NO. 10,744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($130,175.00) TO RUSH EQUIPMENT CENTER, HOUSTON, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2008 JOHN DEERE 310J BACKHOE LOADER Page 18 of 21 Minutes of the Regular Session Meeting— October 25, 2007 AND ONE 2008 JOHN DEERE 310SJ BACKHOE LOADER WITH CONCRETE HAMMER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of one 2008 Freightliner M2-70 5th wheel tractor, and two Freightliner M2-70 dump trucks through H-GAC. ORDINANCE NO. 10,745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIX THOUSAND EIGHTY AND NO/100 DOLLARS ($206,080.00) TO HOUSTON FREIGHTLINER/STERLING THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2008 FREIGHTLINER M2-70 5TH WHEEL TRACTOR, AND TWO (2) FREIGHTLINER M2-70 DUMP TRUCKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of one XL 4100 truck mounted telescoping boom excavator (Gradall) through H-GAC. ORDINANCE NO. 10,746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-SEVEN AND 62/100 DOLLARS ($299,997.62) TO HI-WAY EQUIPMENT COMPANY, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) XL 4100 TRUCK MOUNTED TELESCOPING BOOM EXCAVATOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the Mayor to execute a correction deed with George W. Chandler a/k/a George Chandler, Robert A Meister, Judy Del Meister, Robert Andrew Meister, Kimberly M. Stanley f/k/a Kimberly Ann Meister and Dorothy R. Berry to incorporate provisions in the letter agreement among the parties into the deed. ORDINANCE NO. 10,747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTION DEED WITH GEORGE W. CHANDLER A/K/A GEORGE CHANDLER, ROBERT A. MEISTER, JUDY DEL MEISTER, ROBERT ANDREW MEISTER, KIMBERLY M. STANLEY F/K/A KIMBERLY ANN MEISTER AND DOROTHY R. BERRY TO INCORPORATE PROVISIONS IN THE BAKER ROAD EXTENSION LETTER AGREEMENT INTO THE DEED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 19 of 21 Minutes of the Regular Session Meeting— October 25, 2007 Consider Proposed Ordinance authorizing the renewal with Texas Municipal League Workers’ Compensation Joint Insurance Fund to provide Administrative services, claims payments, and excess workers’ compensation insurance protection. ORDINANCE NO. 10,748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS" COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS1 COMPENSATION PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS' AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF SEVEN HUNDRED FOUR THOUSAND SIX HUNDRED TEN AND NO/100 DOLLARS ($704,610.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS' COMPENSATION INSURANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed ordinance authorizing renewal of liability and property insurance programs with Texas Municipal League and authorizing payment. ORDINANCE NO. 10,749 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIVE HUNDRED NINETEEN THOUSAND THIRTY-SEVEN AND NO/100 DOLLARS ($519,037.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit and the Highest Elected Official’s Approval of the Southeast Texas Housing Finance Corporation’s issuance of Single Family Mortgage Revenue Bonds (Guaranteed Mortgage-Backed Security Program) Series 2007B. RESOLUTION NO. 1894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS (GUARANTEED MORTGAGE-BACKED SECURITY PROGRAM) SERIES 2007B AND THE CHIEF EXECUTIVE OFFICER'S Page 20 of 21 Minutes of the Regular Session Meeting— October 25, 2007 APPROVAL TO AUTHORIZE SUCH BONDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MANAGER'S REPORT  Receive Update on Bond Election and Early Voting, which began on October 22 and continues through November 2, 2007. Assistant City Manager Knauf announced: – Flyers with bond election information are scheduled to be placed in the October 24th edition of the Baytown Sun. – Posters with bond election information will be placed in City facilities and the County annex. – Detailed brochures with bond election information are being mailed to all registered voter households. – Copies of the poster, flyer and brochure are being placed on the website for the public to view and download. City Clerk, Lorri Coody, told Council that Early Voting is in progress. Baytonians residing in Harris County will have a branch early voting at Remington Park Assisted Living, 901 West Baker Road and those residing in Chambers County will have branch early voting at the Chambers County Community Building, Cedar Bayou Annex, 7711 Highway 146. The early voting office hours are as follows: October 22 through October 26, 2007 from 8:00 a.m. to 4:30 p.m. October 27, 2007 from 7:00 a.m. to 7:00 p.m. October 28, 2007 from 1:00 p.m. to 6:00 p.m. October 29 through November 2, 2007 from 7:00 a.m. to 7:00 p.m. Because of the length of the ballot, it may be late at night or early in the next morning before the election results can be received from Harris County and Chambers County. We will have links to the Harris County and Chambers County election websites on our website. The vote tabulation will be conducted by the respective counties so there will be no official counting location in Baytown.  Receive an update on the sign at Roseland Park. City Manager Brumback told Council that examples of the sign were included in the packet and is ready for posting.  Household Hazardous Waste Collection Day - Saturday, October 27th from 8:00 a.m. to 2:00 p.m. Page 21 of 21 Minutes of the Regular Session Meeting— October 25, 2007  The 33rd Annual Halloween Carnival will be held on Saturday, October 27th from 10 am to 1 pm at the Baytown Community Center.  The Roseland Spray Park ends its sixth successful season on Sunday, November 4th at 8 p.m.  Receive Departmental Presentation from the Baytown Fire Department The deliver of this presentation will be delayed until the November 5, 2007 Council Meeting. ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 9:05 p.m. ______________________________ Lorri Coody, City Clerk