Loading...
2007 12 13 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 13, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on December 13, 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 Special Council Meeting and the Work Session Meeting held on November 19, 2007 and the Special Council Meeting held on December 6, 2007. Council Member Sheley moved to approve the minutes as submitted. Council Member Mahan 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 The November Youth of the Month presentation was made by Mayor DonCarlos to Sarah James, a senior at Ross S. Sterling High School. Sarah has earned all A’s during elementary, junior high, and high school years. She is currently ranked #1 in her graduating class. She is a member of the National Honor Society, a National Merit Semifinalist and has received the College Board AP Page 2 of 44 Minutes of the Regular Meeting— December 13, 2007 Scholar with Honor Award. Sarah recently made a perfect score on the September ACT test and was one of only two persons in Texas and only twenty-two people in the country making a perfect score. Sarah has been a member of the Ross Sterling Wind Ensemble, Full Orchestra and Marching Band for four years. Since 2002 she has earned First Division medals at Solo and Ensemble competitions. Sarah is also the Assistant Drum Major, a member of the Red Cross Club, the Key Club, Ranger Leaders and President of the Sterling Municipal Library Teen Library Board. Today we honor Sarah for her outstanding achievements and congratulate her on being an outstanding asset to the City of Baytown. CITIZENS’ COMMUNICATIONS Mr. Ken Williamson has requested to address Council regarding the placement of a sign on Roseland Drive and Roseland Park protesting the barge terminal across the bayou in Chambers County. He told Council that he does not like the barge terminal, but he thinks the sign looks bad. He would like it taken down. Council Member Mahan explained the reasoning behind the sign. However, Mr. Williamson told the Council Member he believes the sign defaces the park. Recognize employees for their dedicated years of service to the City (5, 10, 15, 20, 25 and 30+ years). City Manger Brumback recognized the following employees for their respective years of service with the City of Baytown: Page 3 of 44 Minutes of the Regular Meeting— December 13, 2007 Mr. Roy Hall has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of their gross revenue from the sale of alcoholic beverages. Mr. Hall told Council that the Ordinance is hard for business owners and for the employees because the income is used to raise their families. Also, he told Council that the enforcement of the Ordinance is harassment and that peace officers have better things to do. Ms. Tammy A. Miller has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of there gross revenue from the sale of alcoholic beverages. Ms. Tammy A. Miller appeared and announced that she would give her time to Mr. David McCartney. Ms. Bette Effusson has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of there gross revenue from the sale of alcoholic beverages. Ms. Bette Effusson stated that she wants the ordinance changed and would like to give her time to Mr. David McCartney. Mr. David McCartney has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of there gross revenue from the sale of alcoholic beverages. Mr. David McCartney told Council that he is a non-smoker and a landlord. He wants the current ordinance amended to exempt STAND ALONE BARS earning 51% or greater of their gross revenue from the sale of alcoholic beverages. He told Council that many cities that have a smoking ordinance have included this exemption in their ordinance. In support of his request for an amendment, he explained that since the current ordinance was implemented, revenues at local establishments have fallen by 40 to 50%. Many bars have had to take out loans to keep their businesses from going under. Mr. McCartney sees this as a real problem and explained that any business that loses just 30% of its revenue should be a major concern. Mr. McCartney explained that a bar is a unique business from other businesses. Bars have repeat clients that come to socialize, play, and visit. Each bar has signed a petition that has been presented to the Council that states they are all in favor of having the smoking ordinance amended. The bars feel it is not fair that outsiders have asked to have this ordinance put in place. Why should the local business suffer while businesses outside the City gain revenue because the customers are leaving Baytown? Mr. McCartney stated that at least 4 Council Members have stated that the Ordinance should be changed while at least 2 have stated that they would like to see public opinion on this. Mr. McCartney believes that the petition is the public opinion. In the past, Mr. McCartney reminded Council that several churches had appeared before them complaining that the requirement in the Ordinance for signage would be a burden. Council Page 4 of 44 Minutes of the Regular Meeting— December 13, 2007 listened. Today he is telling Council that the Ordinance is a financial burden on our bars. It is a problem that we bring to you. He explained that after a lengthy education period, the City began writing citations. They did not give warning tickets, they gave citations. The focus was on smoking. There was no focus for signage or any other requirement in the ordinance. He told Council that the owners were told that inspections would only be made on a complaint by complaint basis, yet this has not been the case. Owners were also told that citations would only be issued by off-duty police officers, yet this also has not been the case. He told Council that crime in Baytown is on the rise, yet our officers are spending time on smoking issues. He wants to know why our police resources being spent on smoking issues and not on more serious crimes. He wants to know why is the bar community being singled out. He wants to have the smoking ordinance amended. Mr. Billie E. Efferson has requested to address Council regarding the adverse financial effect of the current smoking ordinance. Mr. Billie E. Efferson appeared and announced that he would give his time to Ms. Betty Efferson. Ms. Kimberly Simmons has requested to address Council regarding the effects of the Smoking Ordinance and to amend the Ordinance to exempt stand alone bars. Ms. Kimberly Simmons was not present. Ms. Susan Martin has requested to address Council regarding the adverse effects of the Smoking Ordinance and to make an amendment to the Ordinance to allow STAND ALONE BARS to be exempt. Ms. Susan Martin began by thanking Council. She is a 5 year resident of the City and has experienced a negative financial status due to the implementation of the Smoking Ordinance. She told Council that Patrons must go outside to smoke and this affects her revenue. She has to work longer hours to earn the same amount of money as she did in the past because the money is just not there. The longer hours require that she must leave her son unattended. She supports and requests that the ordinance be amended. Mr. Andrew Mason has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of there gross revenue from the sale of alcoholic beverages. Mr. Andrew Mason was not present. Page 5 of 44 Minutes of the Regular Meeting— December 13, 2007 Ms. Laura Morton has requested to address Council regarding the adverse action Smoking Ordinance and to reconsider making bars exempt from the Smoking Ordinance. Ms. Laura Morton is a second generation, born and raised in Baytown resident. She wants to have the ordinance amended. She owns a small establishment that is financially drowning since the implementation of the smoking ordinance. Ms. Julie D. West has requested to address Council regarding the adverse action Smoking Ordinance and to amend the current Smoking Ordinance to exempt STAND ALONE BARS.. Ms. Julie D. West was not present. Ms. Gay Craig has requested to address Council regarding the Smoking Ban in Bars, the Loss of Revenue and the lifting of the Smoking Ban in Bars. Ms. Gay Craig is a successful small business owner. She would like to have the smoking ban lifted and would like to have the ordinance amended. She explained the bar environment. She explained how she is losing money because she does not permit smoking in her establishment. She explained how the air outside is polluted due to the contaminants from the plants. She stated that there is no market for a bar in this town as bar customers are going outside of Baytown. She stated that there already have been compromises made to the smoking ordinance. She stated if the concern is for children they can be protected by responsible bar owners. She believes that we should all respect the rights of others, but we must respect the rights of bar owners too. Mr. Robert O'Neal has requested to address Council regarding an amendment to the current smoking ordinance that would exempt STAND ALONE BARS earning 51% or greater of their gross revenue from the sale of alcoholic beverages. Mr. O’Neal told Council that this is not just hurting the bar owners and bar staff. It is also hurting the people who bring the beer to the bars, the plumbers, the paper goods people, etc. It hurts all those businesses that deal with the bar community. He referred to the other cities that have implemented smoking ordinances (Austin, Houston, etc.) and how these other industries have been affected by these smoking bans. He told Council that everyone has a choice about entering a bar. Those who make this choice are adults. He ended with a statement that those who do not work in bars or those who do not smoke look at those who do go to the bars and those who do smoke as if they are second class citizens. Smokers and bar goers are just asking for a little respect and cooperation. PUBLIC HEARINGS Hold a Public Hearing regarding the amendments to Chapter 130 “Zoning,” Article I “In General,” Section 130-1 “Definitions” to add definitions of “heavy industry,” “light industry” and “vegetative buffer zone”; Article VI “District Regulations,” Division 1 “Generally,” Sections 130-411 “Districts established” and 130-415 “Classification of annexed areas”; Division 4 “MU Mixed Use District,” Sections 130-501 “Purpose,” 130-502 Page 6 of 44 Minutes of the Regular Meeting— December 13, 2007 “Permitted uses,” and 130-503 “Property development standards”; Article VII “Supplementary District Regulations,” Division 2 “Uses,” Sections 130-571 “Use table” and 130-572 “Supplementary use standards,” subsection (4) “Heavy Industry”; and Division 3 “Property Development Standards,” Section 130-601 “Table” of the Code of Ordinances, Baytown, Texas; amending Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, Article VI “District Regulations,” Division 1 “Generally,” to add a new section to be numbered and entitled Section 130-416 “Location of LI and HI Districts; Article VI “District Regulations” to add new divisions to be numbered and entitled Division 5 “LI Light Industrial District” and Division 6 “HI Heavy Industrial District; Article VII “Supplementary District Regulations,” Division 2 “Uses,” Section 130-572 “Supplementary use standards” to add a new subsection to be numbered and entitled subsection (10) “Light industry” and Section 130-573 “Accessory uses and structures” to add a new subsection to be numbered and entitled subsection (3) “Light industry and heavy industry uses”; Article VII “Supplementary District Regulations” to add a new division to be numbered and entitled Division 4 “Special Use Permits." Mayor DonCarlos opened the public hearing to amendments of Chapter 130 “Zoning” at 7:08 p.m. City Manager Brumback explained that the proposed amendments to Chapter 130 are to create two additional zoning districts, LI “Light Industry” and HI “Heavy Industry. Under the current zoning ordinance LI and HI is allowed within the MU “Mixed Use” district. By providing a zoning classification for light industrial and heavy industrial uses will allow the MU district to serve as an additional buffer between residential development and industrial uses. The changes consist of the following: Page 11 – a. (1) 50 feet is changed to 100 feet Page 14 – within 50 feet of……….has been inserted after navigable waterway, Council asked questions about the changes in zoning and Ms. Kimberly Brooks from the Planning Department fielded these questions and answered accordingly. With no one signing up to speak, Mayor DonCarlos closed the public hearing to amend Chapter 130 “Zoning” at 7:21 p.m. Hold a Public hearing regarding amending Chapter 126 “Subdivisions,” Article V “Engineering and Construction Standards,” Division 2 “Streets," Section 126-641 “Standards,” Subsection (3) “Concrete pavement” of the Code of Ordinances, Baytown, Texas, to establish minimum concrete paving standards. Mayor DonCarlos opened the public hearing to amend Chapter 126 – “Concrete Pavement Standards” at 7:25 p.m. Page 7 of 44 Minutes of the Regular Meeting— December 13, 2007 Mr. Brumback explained that this proposed amendment to Chapter 126 is to establish minimum construction standards for concrete pavement, including standards for the LI “Light Industrial” and HI "Heavy Industrial" Districts. Under this provision, concrete pavement shall conform to the requirements of Harris County standard specifications and the city engineer's specifications. The following are the minimum standards: Pavement Design Table Class Thickness Longitudinal Transverse Steel #4 bars Steel #4 bars Local 6” 20.5” 36” Collector 7” 18” 36” Collector in LI or HI Zoning District* 8” 16” 30” Minor Arterial 8” 16” 30” Specialized Specialized Specialized Principal Arterial Design Design Design Specialized Specialized Specialized Major Thoroughfare Design Design Design If trucking volumes are anticipated to exceed 2,500 equivalent single axle loads per week, pavement design shall be by a geotechnical engineer licensed in the state to provide a 25-year minimum pavement design life, as approved by the city engineer. With no one signing up to speak, Mayor DonCarlos closed the public hearing to amend Chapter 126 – “Concrete Pavement Standards” at 7:27 p.m. Conduct a public hearing concerning a request from Michael W. Chatham, Marge Sterling and Norman Dykes for a zoning amendment for property legally described as Casey Cedar Bayou Subdivision, Block 3, Lots 1 -12; Tract A, Block 2, Lots 5-8; Plum Street abandoned ROW; Casey Avenue abandoned ROW between Plum Street abandoned ROW and Block 2, Lot 8 of Casey Cedar Bayou Subdivision, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. Mayor DonCarlos opened the public hearing concerning a request from Michael W. Chatham, Marge Sterling and Norman Dykes for a zoning amendment at 7:27 p.m. City staff received a zoning amendment application from Michael W. Chatham, Marge Sterling and Norman Dykes to reclassify property legally described as Casey Cedar Bayou Subdivision, Block 3, Lots 1 -12; Tract A, Block 2, Lots 5-8; Plum Street abandoned ROW; Casey Avenue abandoned ROW between Plum Street abandoned ROW and Block 2, Lot 8 of Casey Cedar Bayou Subdivision, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. With no one signing up to speak, Mayor DonCarlos closed the public hearing concerning a request from Michael W. Chatham, Marge Sterling and Norman Dykes for a zoning amendment at 7:28 p.m. Page 8 of 44 Minutes of the Regular Meeting— December 13, 2007 Conduct the second public hearing on the Proposed Strategic Partnership Agreement with Chambers County MUD #1. Mayor DonCarlos opened the public hearing on the Proposed Strategic Partnership Agreement with Chambers County MUD #1 at 7:28 p.m. The City of Baytown entered into a Strategic Partnership Agreement (SPA) with Chambers County MUD #1 in 2005 to provide water and wastewater services to commercial frontage adjacent to Pine Meadows, Country Meadows and Hunters Chase subdivisions as a precursor to a limited purpose annexation that allows the City to collect sales and use taxes. In these areas the City and the MUD split the sales tax revenues. The City and the MUD have been discussing expanding the SPA to encompass the remainder of the existing MUD, a portion of which is likely to develop into commercial/retail centers. The city currently has a water and wastewater services agreement for the existing residential development. The proposed SPA will expand the water and wastewater agreement to cover all areas of the existing MUD area to provide water immediately and wastewater upon completion of the Northeast Wastewater Treatment Plant (NEWWTP). Upon plant completion, the Pine Meadows Sections One and Two, and Country Meadows Section Seven wastewater will be directed to the NEWWTP allowing the MUD to discontinue the use of the package treatment plant. The MUD will pay impact fees for all water and wastewater connections added under this agreement. In exchange for providing water and wastewater services to the MUD, the City will complete a limited purpose annexation of the commercial areas and will collect and retain 100% of all municipal sales taxes. The City does not collect MDD sales taxes in Chambers County. The areas currently under an agreement for a 50/50 split will remain under the terms of the prior agreement. The public hearings on the SPA are the first steps in the limited purpose annexation process. The annexation will require its own set of public hearings. With no one signing up to speak, Mayor DonCarlos closed the public hearing on the Proposed Strategic Partnership Agreement with Chambers County MUD #1 at 7:29 p.m. Conduct the second public hearing on the Limited Purpose Annexation of portions of Chambers County MUD #1. Mayor DonCarlos opened the public hearing on the Limited Purpose Annexation of portions of Chambers County MUD #1 at 7:29 p.m. This is the second public hearing on the proposed limited purpose annexation of certain commercial areas of Chambers County MUD #1. This annexation is being completed in conjunction with a Strategic Partnership Agreement and will allow the City to collect and retain sales and use taxes, enforce sign, junk yard and sexually oriented business ordinances. The Page 9 of 44 Minutes of the Regular Meeting— December 13, 2007 property owners do not pay ad valorem taxes and the City provides no municipal services other than water and wastewater included in the Strategic Partnership Agreement. With no one signing up to speak, Mayor DonCarlos closed the public hearing on the Limited Purpose Annexation of portions of Chambers County MUD #1 at 7:29 p.m. Conduct the first public hearing on the proposed annexation of a 28.79 acre (1,253,950 square feet) tract of land situated in the Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, and being the same called 28.809 acre tract as found in deed to Robert A. Easley Jr. from L. L Gregory, Jr., recorded in Harris County Clerk's File (H.C.C.F.) No. U606092 of the Official Public Records of Real Property of Harris County, Texas. Mayor DonCarlos opened the first public hearing on the proposed annexation of a 28.79 acre (1,253,950 square feet) tract of land at 7:30 p.m. City Manager Brumback explained that the property is located north of Interstate 10 at the intersection of Decker Drive and east of Crosby Lynchburg Road. The 28.79 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents; and will be used to build an apartment complex. With no one signing up to speak, Mayor DonCarlos closed the first public hearing on the proposed annexation of a 28.79 acre (1,253,950 square feet) tract of land at 7:31 p.m. Conduct the second public hearing on the proposed annexation of a 28.79-acre (1,253,950 square feet) tract of land situated in the Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, and being the same called 28.809 acre tract as found in deed to Robert A. Easley Jr. from L. L Gregory, Jr., recorded in Harris County Clerk's File (H.C.C.F.) No. U606092, of the Official Public Records of Real Property of Harris County, Texas. Mayor DonCarlos opened the second public hearing on the proposed annexation of a 28.79 acre (1,253,950 square feet) tract of land at 7:31 p.m. City Manager Brumback explained that the property is located north of Interstate 10 at the intersection of Decker Drive and east of Crosby Lynchburg Road. The 28.79 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents; and will be used to build an apartment complex. Two people signed up on the sheet in error. With no one signing up to speak, Mayor DonCarlos closed the second public hearing on the proposed annexation of a 28.79 acre (1,253,950 square feet) tract of land at 7:31 p.m. Conduct the first public hearing on the proposed annexation of a 2.966-acre (129,181 square feet) tract of land located in the George C. Davis Survey, Abstract Number 1472, City of Baytown, Harris County, Texas, said 2.966 acre tract of land being all of the called 1 acre tract described in the deed to David Hester recorded under Harris County Clerk’s Page 10 of 44 Minutes of the Regular Meeting— December 13, 2007 File Number (H.C.C.F. No.) Z070096 and all of the called 2 acre tract described in the deed to Morris David Boothe and Betty Joe Boothe recorded under H.C.C.F. No. X871252, said 2.966 acre tract also being out of Highland Farms, a subdivision recorded under Volume 10, Page 47 of the Harris County Map Records. Mayor DonCarlos opened the first public hearing on the proposed annexation of a 2.966-acre (129,181 square feet) tract of land at 7:32 p.m. City Manager Brumback explained that this property is located east of the Intersection of Garth Road and being adjacent to the south Feeder Road of Interstate Highway 10. The 2.966 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used to build a mini warehouse facility. With no one signing up to speak, Mayor DonCarlos closed the first public hearing on a 2.966- acre (129,181 square feet) tract of land at 7:33 p.m. Conduct the second public hearing on the proposed annexation of a 2.966-acre (129,181 square feet) tract of land located in the George C. Davis Survey, Abstract Number 1472, City of Baytown, Harris County, Texas, said 2.966 acre tract of land being all of the called 1 acre tract described in the deed to David Hester recorded under Harris County Clerk’s File Number (H.C.C.F. No.) Z070096 and all of the called 2 acre tract described in the deed to Morris David Boothe and Betty Joe Boothe recorded under H.C.C.F. No. X871252, said 2.966 acre tract also being out of Highland Farms, a subdivision recorded under Volume 10, Page 47 of the Harris County Map Records. Mayor DonCarlos opened the second public hearing on the proposed annexation of a 2.966-acre (129,181 square feet) tract of land at 7:33 p.m. City Manager Brumback explained that this property is located east of the Intersection of Garth Road and being adjacent to the south Feeder Road of Interstate Highway 10. The 2.966 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used to build a mini warehouse facility. With no one signing up to speak, Mayor DonCarlos closed the second public hearing on a 2.966- acre (129,181 square feet) tract of land at 7:33 p.m. Conduct public hearing concerning the proposed Storm Water Management Plan as part of the requirements for the Notice of Intent to submit for the State required Storm Water Phase II Permit. Mayor DonCarlos opened the public hearing concerning the proposed Storm Water Management Plan as part of the requirements for the Notice of Intent to submit for the State required Storm Water Phase II Permit at 7:34 p.m. Page 11 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos stated that all those signing the sheet for this public hearing appear to have signed the sheet in error. He confirmed that the sheet was signed in error. No one stated that they wanted to speak at the public hearing. City Manger Brumback stated that there were no questions or concerns with the Storm Water Management Plan or the Notice of Intent to submit for the State required Storm Water Phase II Permit. With no one signing up to speak, Mayor DonCarlos closed the public hearing concerning the proposed Storm Water Management Plan as part of the requirements for the Notice of Intent to submit for the State required Storm Water Phase II Permit at 7:34 p.m. PROPOSED ORDINANCES Consider Proposed Ordinance for the second 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 the Proposed Ordinance is for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown. The 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. City Council conducted the first and second public hearings for this annexation on the 27th day of September, 2007 with said notice being published in the September 17, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on September 17, 2007. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Page 12 of 44 Minutes of the Regular Meeting— December 13, 2007 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 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 placing the property annexed into the City of Baytown in the previous agenda item 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 in Council District 5. The Proposed Ordinance places the property annexed into the City of Baytown in the previous agenda item 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 in Council District 5. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Page 13 of 44 Minutes of the Regular Meeting— December 13, 2007 Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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 TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance for a request from Michael W. Chatham, Marge Sterling and Norman Dykes for a zoning amendment for property legally described as Casey Cedar Bayou Subdivision, Block 3, Lots 1 -12; Tract A, Block 2, Lots 5-8; Plum Street abandoned ROW; Casey Avenue abandoned ROW between Plum Street abandoned ROW and Block 2, Lot 8 of Casey Cedar Bayou Subdivision, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. City Manager Brumback explained that on October 17, 2007, the Planning and Zoning Commission considered the request from Michael W. Chatham, Marge Sterling and Norman Dykes for a zoning amendment for property legally described as Casey Cedar Bayou Subdivision, Block 3, Lots 1 -12; Tract A, Block 2, Lots 5-8; Plum Street abandoned ROW; Casey Avenue abandoned ROW between Plum Street abandoned ROW and Block 2, Lot 8 of Casey Cedar Bayou Subdivision, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use and voted unanimously recommending to City Council the approval of the zoning amendment. He reminded Council that earlier in this agenda the public hearing concerning this amendment request was conducted and no public comment was received. 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 Page 14 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,768 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS CASEY CEDAR BAYOU SUBDIVISION, BLOCK 3, LOTS 1- 12; TRACT A, BLOCK 2, LOTS 5-8; PLUM STREET ABANDONED RIGHT-OF-WAY; CASEY AVENUE ABANDONED RIGHT-OF-WAY BETWEEN PLUM STREET ABANDONED RIGHT-OF-WAY AND BLOCK 2, LOT 8 OF CASEY CEDAR BAYOU SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS FROM AN URBAN NEIGHBORHOOD ZONING DISTRICT TO A MIXED USE ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 130 “Zoning,” Article I “In General,” Section 130-1 “Definitions” to add definitions of “heavy industry,” “light industry” and “vegetative buffer zone”; Article VI “District Regulations,” Division 1 “Generally,” Sections 130-411 “Districts established” and 130-415 “Classification of annexed areas”; Division 4 “MU Mixed Use District,” Sections 130-501 “Purpose,” 130-502 “Permitted uses,” and 130-503 “Property development standards”; Article VII “Supplementary District Regulations,” Division 2 “Uses,” Sections 130-571 “Use table” and 130-572 “Supplementary use standards,” subsection (4) “Heavy Industry”; and Division 3 “Property Development Standards,” Section 130-601 “Table” of the Code of Ordinances, Baytown, Texas; amending Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, Article VI “District Regulations,” Division 1 “Generally,” to add a new section to be numbered and entitled Section 130-416 “Location of LI and HI districts; Article VI “District Regulations” to add new divisions to be numbered and entitled Division 5 “LI Light Industrial District” and Division 6 “HI Heavy Industrial District; Article VII “Supplementary District Regulations,” Division 2 “Uses,” Section 130-572 “Supplementary use standards” to add a new subsection to be numbered and entitled subsection (10) “Light industry” and Section 130-573 “Accessory uses and structures” to add a new subsection to be numbered and entitled subsection (3) “Light industry and heavy industry uses”; Article VII “Supplementary District Regulations” to add a new division to be numbered and entitled Division 4 “Special Use Permits. This proposed amendment to Chapter 130 is to create two additional zoning districts, LI “Light Industry” and HI “Heavy Industry. Under the current zoning ordinance LI and HI is allowed within the MU “Mixed Use” district. By providing a zoning classification for light industrial and heavy industrial uses will allow the MU district to serve as an additional buffer between residential development and industrial uses. Page 15 of 44 Minutes of the Regular Meeting— December 13, 2007 In addition, the LI and HI district will be required to provide a buffer zone surrounding the district boundaries to provide a buffer from public rights of ways that borders the district, residential uses and commercial uses in other zoning districts. These revisions also change the classification in which newly annexed property is zoned. Unless a zoning change is processed as part of the annexation, all new property will be annexed as the most restrictive classification, NC (Neighborhood Conservation). This will provide additional development control of newly annexed property. This revision to Chapter 130 "Zoning", includes property development standards for the Mixed Use "MU" district. Currently no property standards exist. The proposed amendments to the MU district will set minimum lot sizes, setbacks and height standards. Council Member Murray moved to approve the Ordinance as amended. Council Member Mahan 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. 10,769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE I "IN GENERAL," SECTION 130-1 "DEFINITIONS" TO ADD DEFINITIONS OF "HEAVY INDUSTRY," "LIGHT INDUSTRY" AND "VEGETATIVE BUFFER ZONE"; ARTICLE VI "DISTRICT REGULATIONS," DIVISION 1 "GENERALLY," SECTIONS 130-411 "DISTRICTS ESTABLISHED" AND 130- 415 "CLASSIFICATION OF ANNEXED AREAS"; DIVISION 4 "MU MIXED USE DISTRICT," SECTIONS 130-501 "PURPOSE," 130-502 "PERMITTED USES," AND 130-503 "PROPERTY DEVELOPMENT STANDARDS"; ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES," SECTIONS 130-571 "USE TABLE" AND 130-572 "SUPPLEMENTARY USE STANDARDS," SUBSECTION (4) "HEAVY INDUSTRY"; AND DIVISION 3 "PROPERTY DEVELOPMENT STANDARDS," SECTION 130-601 "TABLE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 130 "ZONING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, ARTICLE VI "DISTRICT REGULATIONS," DIVISION 1 "GENERALLY," TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 130-416 "LOCATION OF LI AND HI DISTRICTS; ARTICLE VI "DISTRICT REGULATIONS" TO ADD NEW DIVISIONS TO BE NUMBERED AND ENTITLED DIVISION 5 "LI LIGHT INDUSTRIAL DISTRICT" AND DIVISION 6 "HI HEAVY INDUSTRIAL DISTRICT; ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES," SECTION 130-572 "SUPPLEMENTARY USE STANDARDS" TO ADD A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (10) "LIGHT INDUSTRY" AND SECTION Page 16 of 44 Minutes of the Regular Meeting— December 13, 2007 130-573 "ACCESSORY USES AND STRUCTURES" TO ADD A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (3) "LIGHT INDUSTRY AND HEAVY INDUSTRY USES"; ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS" TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 4 "SPECIAL USE PERMITS,"; 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 PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 126 “Subdivisions,” Article V “Engineering and Construction Standards,” Division 2 “Streets," Section 126-641 “Standards,” Subsection (3) “Concrete pavement” of the Code of Ordinances, Baytown, Texas, to establish minimum paving standards. This proposed amendment to Chapter 126 “Subdivisions,” Article V “Engineering and Construction Standards,” Division 2 “Streets,” Section 126-641 “Standards,” Subsection (3) “Concrete pavement” of the Code of Ordinances, Baytown, Texas, to establish minimum construction standards for concrete pavement, including standards for the LI “Light Industrial” and HI “Heavy Industrial” Districts. Under this provision, concrete pavement shall conform to the requirements of Harris County standard specifications and the city engineer's specifications. The following are the proposed minimum standards: Pavement Design Table Class Thickness Longitudinal Transverse Steel #4 bars Steel #4 bars Local 6” 20.5” 36” Collector 7” 18” 36” Collector in LI or HI Zoning District* 8” 16” 30” Minor Arterial 8” 16” 30” Specialized Specialized Specialized Principal Arterial Design Design Design Specialized Specialized Specialized Major Thoroughfare Design Design Design If trucking volumes are anticipated to exceed 2,500 equivalent single axle loads per week, pavement design shall be by a geotechnical engineer licensed in the state to provide a 25-year minimum pavement design life, as approved by the city engineer. Council Member Mahan moved to approve the Ordinance 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 Page 17 of 44 Minutes of the Regular Meeting— December 13, 2007 The motion carried. ORDINANCE NO. 10,770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE V "ENGINEERING AND CONSTRUCTION STANDARDS," DIVISION 2 "STREETS, SECTION 126-641 "STANDARDS," SUBSECTION (3) "CONCRETE PAVEMENT" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO ESTABLISH PAVING STANDARDS FOR HEAVY AND LIGHT INDUSTRIAL DISTRICTS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 18 “Buildings and Building Regulations,” Article XIV “Landscaping,” Section 18-1203 “Eligible trees, shrubs and groundcover” and Section 18-1204 “Landscape plan requirements,” “Subsection (5) of the Code of Ordinances, Baytown, Texas; to reduce the caliper of the trees which may be placed; amending Chapter 18 “Buildings and Building Regulations,” Article XIV “Landscaping” Section 18-1205 “Landscaping requirements” of the Code of Ordinances, Baytown, Texas, to add a new subsection to be numbered subsection (f) to exempt heavy industry uses from the open space landscaping requirements; amending Chapter 18 “Buildings and Building Regulations,” Article XIV “Landscaping” of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 18- 1206.5 “Vegetative buffer zone requirements”. City Manager Brumback explained that the proposed amendment to Chapter 18 “Buildings and Building Regulations,” Article XIV “Landscaping,” is to establish vegetative screening standards for the LI Light Industrial and HI Heavy Industrial zoning districts. The minimum depth of the vegetative buffer zone in the LI zoning district is 50 feet. The minimum depth of the vegetative buffer zone in the HI zoning district is 100 feet. Both districts buffer zone requires groundcover and a mixture of shrubs, small trees, and shade trees to be arranged so that this serves as a visual screen, a light barrier, a sound barrier and some containment of air movement near the ground level. The proposed amendment will also revise the credit allowed for existing trees to 1 1/2" caliper tree instead of the current minimum size of 2" caliper. This amendment is to be consistent with the eligible trees and the tree credit within the buffer zone. Discussion was had about the caliper size. Deputy Manager Leiper explained that the size is strictly for the buffer zone. The tree protection ordinance, when implemented, will limit and or regulate the size further. Page 18 of 44 Minutes of the Regular Meeting— December 13, 2007 Council Member Yepez moved to approve the Ordinance 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. ORDINANCE NO. 10,771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING," SECTION 18-1203 "ELIGIBLE TREES, SHRUBS AND GROUNDCOVER"; SECTION 18-1204 "LANDSCAPE PLAN REQUIREMENTS," SUBSECTION (5); AND SECTION 18-1205 "LANDSCAPING REQUIREMENTS," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO REDUCE THE CALIPER OF THE TREES WHICH MAY BE PLANTED OR FOR WHICH CREDIT MAY BE GIVEN; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING" SECTION 18-1205 "LANDSCAPING REQUIREMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED SUBSECTION (F) TO EXEMPT HEAVY INDUSTRY USES FROM THE OPEN SPACE LANDSCAPING REQUIREMENTS; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18-1206.5 "VEGETATIVE BUFFER ZONE REQUIREMENTS" TO ESTABLISH VEGETATIVE SCREENING STANDARDS FOR THE LI LIGHT INDUSTRIAL AND HI HEAVY INDUSTRIAL ZONING DISTRICTS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance repealing Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," Division 3 "Leased Multifamily Dwellings" of the Code of Ordinances, Baytown, Texas, amending Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," of the Code of Ordinances, Baytown, Texas to establish new registration requirements and standards for multi-family dwelling complexes. The Proposed Ordinance repeals Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," Division 3 "Leased Multifamily Dwellings" of the Code of Ordinances, Baytown, Texas, to establish new registration requirements and standards for multi- family dwelling complexes. The proposed ordinance repeals the current apartment license ordinance and replaces it with a multi-family (3 or more dwelling units) registration ordinance that would, in part: Page 19 of 44 Minutes of the Regular Meeting— December 13, 2007 require a certificate of occupancy upon change of ownership in order to continue operating, require an annual registration of the multi-family dwelling complex and upon change of ownership, require payment of a fee of $24.00 for the first dwelling unit and $8.00 per dwelling unit, with a minimum payment of $50.00 (the fees will go toward the hiring of an apartment inspector), authorize inspection of multi-family complexes by the building official and follow-up inspections if the first inspection fails, allows for an administrative hearing with the city manager if the multi-family complex owner or manager desire one to contest the inspection(s), requires the landlord of a multi-family dwelling unit to inspect each dwelling at least once annually and when the occupancy of the unit changes and the landlord must complete an inspection report, which shall be made available to the building official for inspection at all reasonable times, requires the landlord to post and maintain signs on the premises providing the names and telephone number where employees of the complex can be reached during emergencies, requires that the complex have sufficient lighting and that the lighting be maintained, requires that graffiti be removed within 5 days, requires compliance with the property maintenance code, assesses a penalty for failure to comply with the ordinance, and provides that if the complex fails the certificate of occupancy inspection, all units within the complex that are vacant at the time of inspection or thereafter become vacant, shall be posted for non-occupancy and the landlord shall not allow the occupancy of such units until the complex passes final inspection and is issued a certificate of occupancy. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. Mayor DonCarlos called the following citizens that signed up to speak on this item: Lisa Roman, 2100 West Baker Road, Baytown, Texas 281-428-8811 – Ms. Roman addressed Council and stated that she does not understand a few of the items that are before Council for consideration. She outlined those items and stated that she would like more time to prepare. Carol Dougherty, Southwest Housing for Rosewood Apartments 713-805-7562 – She told Council that Rosewood Apartment have not been contacted and that they would like more time to review the ordinance in order to present their concerns. Maria Esquivel, 301 TriCity Beach Road, Baytown, Texas 281-427-8656 – Ms. Esquivel is with MS Management/Boris Apartments. She told Council that she had not heard about the ordinance until this week and needs more time to prepare. She cares about the residences and wants to discuss this further with the City. Terry Ross, 155414 TC Jester Blvd., Houston, Texas 281-580-2333 – Mr. Ross represents Centennial Square Apartments at 805 Shelling. She told Council that when he was notified he called the Apartment Association and asked for help to interrupt what was happening on this ordinance. Nonetheless, there was just not enough time to review the ordinance or receive the help that was solicited. He too wants to make apartment living in Baytown better and wants to eliminate the slum landlords. His apartments are inspected by the Federal Government as well as the local governments. He stated that his contact information is not hard to find yet he did not Page 20 of 44 Minutes of the Regular Meeting— December 13, 2007 receive information about this ordinance timely and cannot respond properly. He is concerned with the haste in which this is being passed. Howard Bookstaff, 5847 San Felipe, Houston, Texas 713-977-8686 – Mr. Bookstaff with the General Council of the Houston Apartment Association. He told Council that he appreciates the efforts being made to clean up the problems associated with Baytown apartment complexes. He would like to work with the City to address the concerns in order that there will not be unintended consequences. He would like to have some specific changes made to the existing document that is being presented for approval. He stated that on December 23 it comes into law and by December 31 they must register. There is also the requirement to post a sign with a phone number for someone to respond to and report a violent crimes, collapse, etc. He stated that there needs to be more communication between the City and the apartment owners. He would like to speak with the City about the changes he desires. Sandra Carrillo, 2011 Ward Road, Baytown, Texas 281-427-6611 – Ms. Carrillo represents those who reside in Baytown Apartments. She too appreciates the efforts to resolve the problems had with certain apartment complexes but stated that more time is needed and requests an opportunity to review the changes being sought. Andy Teas, 4810 Westway Park Blvd., Houston, Texas 713-595-0303 – Mr. Teas is with the Houston Apartment Association and agrees with the intent of the City. The Association does not like the slumlords. He supports the efforts and wants to work with the City. The ordinance is a good start but does need some changes to improve it. Charlotte Kerr, 3703 Garth, Baytown, Texas 281-420-2241 – Ms. Kerr is with the Trestles of Baytown and she told Council that she just found out about these changes on Monday. She has the same concerns as those already stated and she needs more time. Linda Ferguson, 2403 Belvedere, Baytown, Texas 281-427-4512 – Ms. Ferguson runs the apartments located at 309 North Jones and told Council that she is as close to a slumlord as they come. She stated that the City currently has rules that are not even being enforced. She believes that we need to enforce what we have now before we start with new rules. Council engaged in discussion about why there is a rush to pass this ordinance. City Manager Brumback stated that Staff can sit down with the complexes and be ready by January 10 to proceed with the ordinance, but Staff would like to establish a moratorium on registration until January 10 and that there will not be a year’s wait before the ordinance goes into effect with these changes. There was a discussion about the extension. Council had concerns that if the City agrees to work with them then later, the complexes will not follow the Ordinance. The motion on the Council floor was amended to establish a moratorium on registration provisions for apartment complexes under the current ordinance until January 31, 2008 and that the City does not have to wait another year before the ordinance will go into affect with the new changes once approved and the item is tabled until the January 10, 2008 agenda. Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Page 21 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance approving the purchase of Skate Park equipment and the construction of the concrete slab and connecting trail for the Unidad Park Skate Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Spohn Ranch, Inc. Skate Equipment. City Manager Brumback explained that the Proposed Ordinance approves the purchase of Skate Park equipment and the construction of the concrete slab and connecting trail for the Unidad Park Skate Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Spohn Ranch, Inc. Skate Equipment in the amount of $322,666.72. The Municipal Development District (MDD) has provided $300,000 to fund the construction of a new skate park at Unidad Park. This will be the second skate park that will be located in Baytown. The first skate park, “Baytown Skate Park” was constructed using MDD funding and a $75,000 contribution from Harris County Precinct 2 through Commissioner Sylvia Garcia and was opened in March 2007. Commissioner Sylvia Garcia has again agreed to reimburse the city up to $75,000 toward the construction of the new Unidad Park skate facility providing a budget of $375,000 for the facility. The Unidad Park facility will be more expensive because of the construction of the concrete slab. The contract with Total Recreation Products will provide the purchase and installation of skate equipment and the slab. The City will use the city’s electrical contract with Baytown Electric to construct the lighting in addition to this agreement. Parks and Recreation Department employees will construct the fences, bleacher cover, bleachers and install appropriate signage. The new skate park is expected to be open at the end of April. The Parks and Recreation Advisory Board reviewed the plans for the skate park at their December 5, 2007 meeting. Council Member Yepez 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 22 of 44 Minutes of the Regular Meeting— December 13, 2007 ORDINANCE NO. 10,772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED TWENTY-TWO THOUSAND SIX HUNDRED SIXTY-SIX AND 72/100 ($322,666.72) TO TOTAL RECREATION PRODUCTS, INC. FOR SKATE PARK EQUIPMENT AND THE CONSTRUCTION OF THE CONCRETE SLAB AND CONNECTING TRAIL FOR THE UNIDAD PARK SKATE PARK THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance accepting the findings of the investigative study and authorizing a final design contract with Bury+Partners for the 2007 Street Bond Program Year One Project. City Manager Brumback explained that the Proposed Ordinance accepts the findings of the investigative study for the 2007 Street Bond Program - Year One Project and authorizes a contract for final design services to Bury+Partners in an amount not to exceed $539,977. Compensation for basic services will not exceed $393,000. The project’s reimbursable expenses shall not exceed $15,000. The additional services, which include surveying, geotechnical, Urban Forestry and a SWPPP Report will not exceed $131,977. The streets authorized by City Council for investigation and those now recommended for design for reconstruction are specific segments of the following: Barrymore; Narcille; Honeysuckle; N. Airhart; Morrell; Rosewood; Idlewood; Robin; Scenic; Cedar Bayou; Eleventh; and Texas Avenue. Final design is expected to take seven months with bidding anticipated in August 2008. 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. 10,773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FINDINGS OF THE INVESTIGATIVE STUDY IN CONNECTION WITH YEAR ONE OF THE 2007 STREET BOND PROGRAM; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURY + PARTNERS-HOUSTON, INC., FOR THE FINAL DESIGN FOR YEAR ONE Page 23 of 44 Minutes of the Regular Meeting— December 13, 2007 OF THE 2007 STREET BOND PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($539,977.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The next two items were considered together and approved with one motion and vote by council. Consider Proposed Ordinance authorizing a Utility Upgrade Agreement with Spring Meadows Municipal Utility District for temporary service to Goose Creek Consolidated Independent School District’s Memorial High School. City Manager Brumback explained that the Proposed Ordinance authorizes a Utility Upgrade Agreement with Spring Meadows Municipal Utility District (the “MUD”) for temporary service to Goose Creek Consolidated Independent School District’s Memorial High School. The Goose Creek Consolidated Independent School District (the “School”) is constructing a new high school to be located at North Main and Wallisville Road, which is adjacent to the MUD’s service area. The property on which the high school is to be located is not currently within the boundaries of any existing governmental entity which provides for the treatment of wastewater services. The City, however, is in the process of annexing the high school property and will provide wastewater service to the high school once it acquires and constructs certain infrastructure, which cannot be completed in time for the School to open its new high school in the Fall of 2008, as scheduled. Until such infrastructure is acquired and constructed, the MUD is willing to accept wastewater from the high school, to transport it through the MUD’s system and to discharge the same to the City for proper treatment and discharge; provided the City assumes a portion of the costs necessary to upgrade the following District lift stations: * the Cinnamon Lake Lift Station; * the Ginger Park Lift Station; and * the Garth Road Lift Station. The following details the cost share specified under the proposed agreement: Cost for L.S. District City Cost per District Lift Station City Cost Upgrade ESFC ESFC ESFC Cost Cinnamon $ 15,686 0 733 21.40 -- $ 15,686.00 Lake Ginger Park $ 91,586 1,158 159 69.54 $ 80,528.92 $ 11,057.08 Garth Road $ 53,383 1,165 159 29.59 $ 48,677.96 $ 4,705.04 TOTAL $160,655 $129,206.88 $31,448.12 The contract with the MUD is being finalized and will be at Council's place on Thursday. The City and GCCISD are completing a utility agreement through which the City will be Page 24 of 44 Minutes of the Regular Meeting— December 13, 2007 reimbursed for costs associated with the temporary and permanent provision of utilities to the school. That agreement is also on this agenda. ORDINANCE NO. 10,774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A WASTEWATER TRANSPORT AGREEMENT WITH SPRING MEADOWS MUNICIPAL UTILITY DISTRICT FOR THE TEMPORARY SERVICE TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT'S MEMORIAL HIGH SCHOOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an Interlocal Agreement for the Lease of Property and the Lift Station Design and Construction Project with the Goose Creek Consolidated Independent School District. Proposed Ordinance authorizes an Interlocal Agreement for the Lease of Property and the Lift Station Design and Construction Project with the Goose Creek Consolidated Independent School District (the “District”). The District is constructing Goose Creek Memorial High School on property at the intersection of North Main Street and Wallisville Road, which is outside the corporate limits of the City. Sanitary sewer services are not currently available at the site of the school. To endeavor to ensure that such services will be available at the time of the scheduled opening of the high school in the Fall of 2008; the District wishes to lease a lift station site and design and construct a lift station thereon in order to service the new high school. Under the proposed agreement, the City agrees to lease the lift station site to the District solely for the purposes of constructing a lift station. The City is agreeable to engaging the engineering and construction firms to design and construct the lift station on the leased premises as necessary to provide services to the proposed high school. The District shall pay an amount not to exceed $375,000 as rent for the lift station site and for a portion of the construction costs. The actual agreement is being finalized so it will be provided at Council's place on Thursday. In order to meet the tight timelines of this project we do not want to delay approval until January. ORDINANCE NO. 10,775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE LEASE OF PROPERTY AND THE LIFT STATION DESIGN AND CONSTRUCTION PROJECT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Capetillo moved to approve both Ordinances as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Page 25 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance authorizing a Connect-CTY Agreement with NTI Group, Inc., for telephone/text messaging services, which will provide a means to communicate with residents and businesses within the City. Deputy City Manager Leiper explained that the Proposed Ordinance authorizes a Connect-CTY Agreement with NTI Group, Inc., for telephone/text messaging services which will provide a means to communicate with residents and businesses within the City. The purpose of the agreement is to provide City officials a means to rapidly access citizens efficiently and effectively. Under the Agreement, NTI will provide and maintain the necessary hardware and software necessary to reach residents and businesses within the City with one phone call or text message. The city-generated message may be sent from any phone or internet connection and may be informational as well as emergency; recipients can be chosen by name, group, street or geographically; and the message may be sent either immediately or on a selected date and time. Residents will also have the opportunity to "opt-in" with additional communications means such as text messaging and e-mail. The proposed agreement is for a term of three years; however, the same can be terminated at the expiration of each year upon 30 days advanced written notice. Pursuant to the agreement, the City will pay a yearly fee of $67,997, which is payable in advance. By executing the contract prior to December 31, 2007, the City will receive an additional two months of service at no additional cost in the first year. Council Member Murray moved to approve the Ordinance 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. ORDINANCE NO. 10,776 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONNECT-CTY AGREEMENT WITH NTI GROUP, INC., FOR TELEPHONE/TEXT MESSAGING SERVICES TO PROVIDE A MEANS TO COMMUNICATE WITH RESIDENTS AND BUSINESSES WITHIN THE CITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF SIXTY- SEVEN THOUSAND NINE HUNDRED NINETY-SEVEN AND NO/100 DOLLARS (567,997.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 26 of 44 Minutes of the Regular Meeting— December 13, 2007 Consider Proposed Ordinance to rescind the City of Baytown Retiree Health Savings Plan, adopted under Ordinance No. 9897, provides for elective contributions to continue through December 31, 2007 after which date the program will terminate. City Manager Brumback explained that the Proposed Ordinance to rescind the City of Baytown Retiree Health Savings Plan, adopted under Ordinance No. 9897, provides for elective contributions to continue through December 31, 2007 after which date the program will terminate. On September 23, 2004, Council authorized participation in a retiree health savings program for City employees. The Internal Revenue Service (IRS) has subsequently ruled that Retiree Health Savings Plans may not be voluntary. Since Baytown employees are not required to participate in this savings program, we must terminate the program or make it mandatory. Since ICMA - RC Retirement Corporation no longer offers elective contributions of participants in the new Retirement Health Savings Account based on the Internal Revenue Service ruling, we must end the current program. Staff will research the development of an alternate program in the future. ICMA - RC reached resolution with the IRS which: Preserves existing favorable tax treatment for RHS contributions made pursuant to elections in place as of December 31, 2006; Provides the elective contributions may continue through December 31, 2007; Provides that ICMA-RC agreed to stop accepting elective contributions after December 31, 2007; Resolves all outstanding audits on RHS plans with elective features; Provides that the IRS agreed not to pursue the issue of elective contributions in future audits. The City of Baytown will not require RHS mandatory contributions at this time. Staff will continue study of the options and benefits of a mandatory program and may bring a recommendation to Council at a later date. 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. 10,777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 9897, ADOPTED ON SEPTEMBER 23, 2004, TO RESCIND THE RETIREE HEALTH SAVINGS PLAN, PROVIDED THAT ELECTIVE CONTRIBUTIONS MAY CONTINUE THROUGH DECEMBER 31, 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 27 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos announced that Item 5a Resolution would be considered with the following item and approved by council with one motion and vote.. Consider Proposed Ordinance amending Chapter 94 “Traffic and Vehicles” of the Code of Ordinances to add a new Article to be numbered and entitled Article VII “Automated Red Light Enforcement” “to establish a photographic traffic signal enforcement system (red light camera system). Deputy City Manager Leiper explained that the Proposed Ordinance amends Chapter 94 “Traffic and Vehicles” of the Code of Ordinances to add a new article to be numbered and entitled Article VII “Automated Red Light Enforcement” to establish a photographic traffic signal enforcement system (red light camera system). In general, the proposed ordinance:  sets a civil penalty at $75.00 for violations of the ordinance and a late payment penalty of $25.00 should the civil penalty not be timely paid;  provides that the Police Department is responsible for the administration of the ordinance;  establishes requisites for the notice of violation, including the content and when the same must be mailed;  allows warnings to be issued in lieu of notices of violation;  creates the presumption that the owner of the vehicle committed the violation and sets forth exceptions to the same, including exceptions a person in the business of selling, renting, or leasing motor vehicles;  bars the imposition of a civil penalty for enumerated affirmative defenses, including, but not limited to, the following: o the traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; o the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; o the operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; o the motor vehicle was being operated as authorized emergency vehicle; o the motor vehicle was a stolen vehicle; o the license plate depicted in the recorded image of the violation was a stolen plate; o hazardous road conditions existed that made compliance with the traffic control signal more dangerous than non-compliance; and o the person who received the notice of violation was not the owner of the motor vehicle at the time of the violation;  affords persons the ability to contest the imposition of the civil penalty by filing a written Page 28 of 44 Minutes of the Regular Meeting— December 13, 2007 request for an administrative adjudication hearing; and  authorizes a person to further appeal the imposition of the civil penalty to the municipal court. A civil penalty under the proposed ordinance may not be imposed if a criminal citation was issued for the offense. The civil penalty is not a conviction, is not recorded on a person’s driving record, and does not result in an arrest warrant being issued should a person fail to timely pay. ORDINANCE NO. 10,778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VII "AUTOMATED RED LIGHT ENFORCEMENT" TO ESTABLISH A PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM (RED LIGHT CAMERA SYSTEM); CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM CIVIL PENALTY OF SEVENTY-FIVE AND NO/100 DOLLARS ($75.00) AND A LATE PAYMENT PENALTY OF TWENTY-FIVE AND NO/100 DOLLARS ($25.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Resolution approving the designation of locations for the installation for automated red light enforcement cameras. Deputy City Manager Leiper explained that the Proposed Resolution approves the designation of locations for the installation of automated red light enforcement cameras. The Council has reviewed and discussed the use of red light cameras to improve traffic safety through enhanced enforcement at signalized intersections and approved a contract with Automated Traffic Solutions (ATS) for any installations Council may authorize. The Baytown Police Department provided accident and citation history for seven heavily traveled, signalized intersections to our contractor, American Traffic Solutions (ATS). Based upon those reports, ATS studied each of the 27 approaches for these intersections using a Video incident Monitoring Study (ViMS). The studies were conducted from 7 am to 11 am and 3 pm to 7 pm. This eight hour analysis indicated 75% to 85% of the total number of violations predicted to occur in a 24-hour period. Based upon that analysis and discussion with City staff, ATS recommends the initial installation of red light violation enforcement systems at the following ten locations: 1. Southbound Hwy. 146 @ N. Alexander Dr. (near Ferry Road) (11 violations) 2. Eastbound West Baker Rd. @ Decker Drive (11 violations) 3. Southbound Garth Rd. @ Hwy. 146 (22 violations) 4. Northbound Garth Rd. @ I-10 (13 violations) 5. Southbound Garth Rd. @ I-10 (7 violations) 6. Southbound Garth Rd. @ W. Baker Rd. (7 violations) Page 29 of 44 Minutes of the Regular Meeting— December 13, 2007 7. Eastbound W. Baker Rd. @ Garth Rd. (6 violations) 8. Westbound W. Baker Rd. @ Garth Rd. (9 violations) 9. Southbound Business 146 @ Wyoming St. (8 violations) 10. Northbound North Alexander at Hwy. 146 (near McKinney) (14 violations) There are and will certainly be other locations that warrant the installation of red light enforcement equipment. However, we believe that these 10 approaches represent an excellent pilot project and will serve as the basis for evaluation of the system and processes and allow for possible expansion of the system at a later date. The installation process for City intersections will take approximately six weeks. TxDOT intersections may require additional time for plans, review and approval. Under State law, there will be advance warning signs placed at all approaches with a photo-enforced intersection, even if enforcement equipment is not installed at every approach. This requirement should aid compliance and promote traffic safety for the entire intersection. Representatives from ATS will present a summary of the intersection analysis and review the red light photo enforcement process and technology during the meeting. RESOLUTION NO. 1901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING INTERSECTIONS FOR INSTALLATION OF THE EQUIPMENT NECESSARY TO IMPLEMENT THE CITY'S PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Murray moved to approve the Ordinance and 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. Consider Proposed Ordinance authorizing the City Manager to negotiate and execute an agreement for merchant card processing services. City Manager Brumback explained that the Proposed Ordinance authorizes the City Manager to negotiate and execute an agreement for merchant card processing services. This service will enable the City to accept credit and debit card payments over the counter for amounts due to the City. All personal and credit card information obtained via the transaction will be maintained by merchant card processor in a secure environment. This data will NOT be maintained on any City servers. This service will initially be offered at no additional cost to the citizens and will be Page 30 of 44 Minutes of the Regular Meeting— December 13, 2007 evaluated annually to ensure it is financially responsible to continue as a no cost service. The Utility Billing Collections office will be the first for set up. Municipal Court will be next, followed by other areas in the City that collect City monies. Council Member Capetillo 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. 10,779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR MERCHANT CARD PROCESSING SERVICE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance repealing Chapter 82 “Secondhand Goods,” Article II “Metals, Crafted Precious Metals and Gems,” and amending Chapter 82 “Secondhand Goods,” Article II “Metals, Crafted Precious Metals and Gems” of the Code of Ordinances, Baytown, Texas, to add new divisions to be numbered and entitled Division 2 “Metals” and Division 3 “Crafted Precious Metals and Gems” to declare certain conduct to be unlawful. Council has previously discussed changes in the ordinances regulating the secondhand precious metal and scrap metal businesses. Staff has researched these questions/comments and developed more detailed implementation processes for Council's review. Although this item is posted for consideration of adoption, Council may wish to meet with the local business operators prior to finalizing these changes. The following are some of the key elements of the ordinance: Subject Current Proposed Scrap Metal License No license required License required annually  Name and identifying information of applicant  Names and addresses of all other involved parties  Business location and hours of operation of business  Bond required  Displayed Page 31 of 44 Minutes of the Regular Meeting— December 13, 2007  Prior convictions by applicant or business partners (non-traffic)  Sworn to and notarized.  $250.00 fee. Bond Requirements None Bond requirements:  $10,000.00  Separate bond required for each license  License/bond required at each location of business  Issued by qualified Surety Temporary Shows No license required. License required.  Same application process.  License fee - $10.00 per day.  Permanent license holder may operate at show without additional license Operations  Written records, including general  Database accessed by PD description of items  Time and date of transaction  Name and address of seller, and ID  Name and address of seller number if possessed.  Thumbprint and picture of seller  Signed statement of ownership of  Digital Photo of items material  Identifiers of employee of licensee consummating transaction  Each transaction must have unique number  Records forwarded to PD at end of business day  Video of each transaction  Must retain items for 3 days in form received.  All items must be tagged with seller’s ID and date received  Cannot receive goods from minors without parents present  PD may request 60 day hold Prohibited Materials None  Construction materials.  Governmentally owned property without proof of ownership.  Property inscribed with company name.  Property delivered by shopping cart. Crafted Precious Metals and Gems License Permit required License required  Name, address, and phone number  Name and identifying information of of applicant applicant Page 32 of 44 Minutes of the Regular Meeting— December 13, 2007  Business location and hours of  Names and addresses of all other operation involved parties  Whether convicted of offense  Business location and hours of against property operation  Civil suits about sales of goods or  Bond required services  Displayed  $20.00 fee  Criminal convictions  Photograph of applicant  Notarized  $250.00 fee (annual) Bond Requirements None Bond requirements:  $10,000.00  Separate bond required for each license  License/bond required at each location of business  Issued by qualified Surety Temporary Shows No license required. License required.  Same application process.  License fee - $10.00 per day.  Permanent license holder may operate at show without additional license Operations  Written records, including general  Database accessed by PD description of items  Time and date of transaction  Name and address of seller, and ID  Name and address of seller number if possessed  Thumbprint and picture of seller  Signed Statement of ownership of  Digital Photo of items material  Identifiers of employee of licensee  Must send written report to PD no consummating transaction later than 48 hours.  Each transaction must have unique number  Records forwarded to PD at end of business day  Video of each transaction  Must retain items for 11 days in form received.  All items must be tagged with seller’s ID and date received  Cannot receive goods from minors without parents present  PD may request 60 day hold. Council Member Caskey moved to approve the Ordinance with the amendment that there be no limit on the percentage of copper contained in the material being sold. Council Member Capetillo seconded the motion. The vote follows: Page 33 of 44 Minutes of the Regular Meeting— December 13, 2007 Ayes: Council Members Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: Mahan The motion carried. ORDINANCE NO. 10,780 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 82 "SECONDHAND GOODS," ARTICLE II "METALS, CRAFTED PRECIOUS METALS AND GEMS," DIVISION 2 "METALS" AND DIVISION 3 "CRAFTED PRECIOUS METALS AND GEMS"; AMENDING CHAPTER 82 "SECONDHAND GOODS," ARTICLE II "METALS, CRAFTED PRECIOUS METALS AND GEMS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD NEW DIVISIONS TO BE NUMBERED AND ENTITLED DIVISION 2 "METALS" AND DIVISION 3 "CRAFTED PRECIOUS METALS AND GEMS" TO DECLARE CERTAIN CONDUCT TO BE UNLAWFUL; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. PROPOSED RESOLUTIONS Consider Proposed Resolution authorizing publication of Notice of Intention to issue the 2008 Certificates of Obligation. The Proposed Resolution authorizes publication of Notice of Intention to issue Certificates of Obligation. The notice of intention is the first step for the City to sell Certificates of Obligation for the following projects: Miscellaneous Rehab & Emergencies $1,000,000 Central District Wastewater Treatment Plant 400,000 West District Wastewater Treatment Plant Expansion 27,600,000 Steinman Lift Station 200,000 Cedar Bayou Lift Station Investigative Study 100,000 Estimated Issuance Costs 200,000 TOTAL $29,500,000 The anticipated sale date is January 24, 2008. Approval of the Notice of Intent will authorize the sale of $29,500,000 in Certificates of Obligation. The Municipal Development District will pay 50% of the debt service on the West District Wastewater Treatment Plant Expansion under an interlocal agreement which is scheduled to be approved by the MDD at their January 3, 2008 meeting and by the City Council at a meeting subsequent to this meeting (January 10, 2008). Approval of the Notice of Intent will authorize the sale of a maximum of $29,500,000 in Page 34 of 44 Minutes of the Regular Meeting— December 13, 2007 Certificates of Obligation which will cover the cost of the projects and any issuance costs associated with the bonds. The City will publish the notice twice prior to the sale of the certificates. The 2007-08 Adopted Budget contains the funding for the first debt service payment on the Certificates. Council Member Murray moved to approve the Resolution 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. 1902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution repealing Resolution Nos. 1615 and 1759, adopted on November 13, 2003, and December 22, 2005, respectively and adopting a new policy for the provision of utility services outside the city limits. Proposed Resolution repeals Resolution Nos. 1615 and 1759, adopted on November 13, 2003, and December 22, 2005, respectively and adopts a new policy for the provision of utility services outside the city limits. The following are the changes to the policy: 1. Single residential tap: Under the current policy the City provides water services to single residential units outside the city limits upon request if the utilities are available and the system design allows, but requires a request for annexation to receive wastewater services. As proposed the City will not provide any such utility services outside its city limits, as such the property owner must request annexation. 2. Commercial Tap: Under the current policy the City provides water services to commercial properties outside the city limits upon request if the utilities are available, the system design allows, and the request is limited to a 1-inch tap; but requires a request for annexation to receive wastewater services. As proposed, the City will not provide any such utility services outside its city limits and the property owner must have their property annexed into the city. No changes are being proposed for companies with industrial district agreements or for public educational facilities; therefore, the City will continue to provide both water and wastewater Page 35 of 44 Minutes of the Regular Meeting— December 13, 2007 services to such entities if such services are available. Council Member Capetillo moved to approve the Resolution 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. 1903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1615 AND 1759 ADOPTED ON NOVEMBER 13, 2003, AND DECEMBER 22, 2005, RESPECTIVELY; ADOPTING A POLICY FOR THE PROVISION OF UTILITY SERVICES OUTSIDE THE CITY LIMITS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution casting the City of Baytown's ballot for the election of one or more representative(s) to serve on the board of directors of the Chambers County Appraisal District. The Proposed Resolution casts the City of Baytown's ballot for the election of one or more persons to serve on the board of directors of the Chambers County Appraisal District. The following individuals have been nominated to serve on the board:  Joe Crumpler  Bill Deering  Gaylon Dunaway  Clint Prothro  Gary Stacy  Natalie Whatley The only nominee within the City's region is Ms. Natalie Whatley, who was nominated by the Goose Creek Consolidated Independent School District. At the last Council Meeting, the City Council asked that Staff obtain biographical information concerning the nominees. Attached you will find the biographical information for Ms. Whatley. The City's ballot must be received no later than December 14, 2007. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Page 36 of 44 Minutes of the Regular Meeting— December 13, 2007 Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution supporting the Baytown Circulator Transit Program and committing funds contingent upon an acceptable interlocal agreement. Deputy City Manager Leiper explained that the Proposed Resolution supports the Baytown Circulator Transit Program (“BCTP”) and commits funds in furtherance thereof, contingent upon an acceptable interlocal agreement between the City and Harris County. The County has been receiving public input concerning the circulator concept via public meetings and responses to questionnaires. Based upon the information obtained, the County is currently considering the following two routes:  Peak Time Route. This route will be from the area around the Baytown City Hall northeast along Market Street to Lee College, then Northwest along Decker to Garth Road on up to the San Jacinto Mall at Garth Road and I-10 (a North/South route). During this peak period, additional coverage will be provided along Texas Avenue from Alexander to Market Street with ultimate connectivity to San Jacinto Mall. Multiple stops will be located along this route at major shopping and medical destinations providing an opportunity for citizens to get to work destinations.  Non-peak Route. This route will run along Rollingbrook from Garth Road to Hwy 330, northwest to Baker Road, East along Baker Road back to Garth Road and then North up Garth Road to San Jacinto Mall and then back South to Rollingbrook. This route structure would enable transfers from one route to another. The exact service parameters have not been established but service would entail the use of two 18-20 passenger buses with wheel chair lift capacity operating from 6:00 AM until 6:00 PM. Complimentary ADA service as required by the FTA will be provided by a Taxi service presently under contract to the County but the County will not rule out using the bus fleet during non-peak hours for additional ADA service. Additional expanded route service may be available Page 37 of 44 Minutes of the Regular Meeting— December 13, 2007 by route deviation to other areas during off-peak times by adjusting the route timing schedule. Additional citizen surveys and public input may require route and time adjustments. In order for the County to provide this service, the City of Baytown will be required:  to commit to a minimum of $75,000 annually which is considered to be a local match;  to dedicate small portions of public right-of-way for transit stops and in some cases, provide a concrete slab with a minimum size of 8 feet by 8 feet due to the limited availability of sidewalks; and  to provide transit stop markers. At this time, the County has requested evidence of the City Council’s commitment to a $75,000 match for the BTCP. The proposed resolution evidences such commitment subject to an acceptable interlocal agreement, which is expected to be presented to the City Council in early 2008. Council Member Capetillo moved to approve the Ordinance submitted. Council Member Yepez 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. 1905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE BAYTOWN CIRCULATOR TRANSIT PROGRAM ("BCTP") AND COMMITS FUNDS IN FURTHERANCE THEREOF IN THE AMOUNT OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) CONTINGENT UPON AN ACCEPTABLE INTERLOCAL AGREEMENT BETWEEN THE CITY AND HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. REPORTS Receive the 2006-2007 Annual Report from the Baytown Beautification Advisory Commission. The report was received. Discussion was had about the litter program and the development of an Ordinance in this area. Page 38 of 44 Minutes of the Regular Meeting— December 13, 2007 CONSENT Council Member Sheley moved to approve the Consent agenda items 7a. through 7m. with item 7g being amended to include the citizen communication amendment discussed in the work session. Council Member Mahan 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 annual construction materials contract. ORDINANCE NO. 10,781 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DEER PARK LUMBER COMPANY, LTD., FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00); MAKING OTHER PROVIISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the first renewal of the annual cement stabilized sand contract. ORDINANCE NO. 10,782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CEMENT STABILIZED SAND CONTRACT WITH MEGASAND ENTERPRISES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED SIXTY-EIGHT THOUSAND NINE HUNDRED SEVENTY AND NO/100 DOLLARS ($168,970.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the first renewal of the annual lifeguard services contract. ORDINANCE NO. 10,783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL LIFEGUARD SERVICES CONTRACT WITH THE YMCA OF THE GREATER HOUSTON AREA D/B/A BAYTOWN FAMILY YMCA; AUTHORIZING Page 39 of 44 Minutes of the Regular Meeting— December 13, 2007 PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY THOUSAND FOUR HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($60,448.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for engineering and design services associated with the renovation of the Wayne Gray Sports Complex Pool. ORDINANCE NO. 10,784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING OF THE ENGINEERING AND DESIGN SERVICES ASSOCIATED WITH THE RENOVATION OF THE WAYNE GRAY SPORTS COMPLEX POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving final payment to Apache Services, Inc. and accepting the City Hall Expansion Project. ORDINANCE NO. 10,785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CITY HALL EXPANSION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-THREE THOUSAND THREE HUNDRED THIRTY-TWO AND 28/100 DOLLARS ($23,332.28) TO APACHE SERVICES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of 17 mobile digital video recording devices and all necessary workstation/server software/hardware and installation/configuration services from COBAN Technologies, Inc. ORDINANCE NO. 10,786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COBAN TECHNOLOGIES, INC., FOR THE PURCHASE OF SEVENTEEN (17) MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATION/SERVER SOFTWARE/HARDWARE AND INSTALLATION/CONFIGURATION SERVICES FROM COBAN TECHNOLOGIES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($129,485.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 40 of 44 Minutes of the Regular Meeting— December 13, 2007 Consider Proposed Resolution repealing Resolution No. 1656 adopted on June 10, 2004, and adopting new Rules of Procedures to vary the dates of the regular meetings of the City Council in November and December and to revise the timeline for filing citizens' communications. RESOLUTION NO. 1906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 1656 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON JUNE 10, 2004, IN ITS ENTIRETY; ADOPTING RULES OF PROCEDURE FOR ALL MEETINGS OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the abandonment of an approximate 2,400 square foot underground utility and drainage easement along the south side of Ward Road and east of 10th Street in Baytown, Harris County, Texas, contingent upon the payment of fair market value. ORDINANCE NO. 10,787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A 0.055 ACRE OR 2,400 SQUARE FOOT, MORE OR LESS, UNDERGROUND UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTH SIDE OF WARD ROAD AND EAST OF 10TH STREET IN BAYTOWN, HARRIS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENT AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules Enumerated," Schedule X "Designation - Restrictive Turn Movements" of the Code of Ordinances, Baytown, Texas, to prohibit right turns on red at the intersection of Massey-Tompkins Road and the west driveway of Stephen F. Austin Elementary School. ORDINANCE NO. 10,788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE X “DESIGNATION—RESTRICTIVE TURN MOVEMENTS” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO PROHIBIT EASTBOUND TRAFFIC ON MASSEY-TOMPKINS ROAD FROM MAKING RIGHT TURNS ON RED INTO THE WEST DRIVEWAY OF STEPHEN F. AUSTIN ELEMENTARY SCHOOL; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MINIMUM PENALTY OF ONE Page 41 of 44 Minutes of the Regular Meeting— December 13, 2007 AND NO/100 DOLLARS ($1.00) AND A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the installation of streetlights. ORDINANCE NO. 10,789 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PLACEMENT OF STREET LIGHTS IN THE SPECIFIED RIGHTS- OF-WAY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance accepting the EPA Storm Water Project and authorizing release of retainage to Dan's Commercial Plumbing, LLC. ORDINANCE NO. 10,790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EPA STORM WATER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE THOUSAND SEVEN HUNDRED SIXTY-EIGHT AND 83/100 DOLLARS ($5,768.83) TO DAN’S COMMERCIAL PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of sixty-five (65) mobile 800 MHz digital radios from Motorola, Inc. for the amount of TWO HUNDRED SIX THOUSAND FIVE HUNDRED FORTY-SIX DOLLARS AND SIXTY-ONE CENTS ($206,546.61). ORDINANCE NO. 10,791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIX THOUSAND FIVE HUNDRED FORTY- SIX AND 61/100 DOLLARS ($206,546.61) TO MOTOROLA, INC., THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF SIXTY-FIVE (65) MOBILE 800 MHZ DIGITAL RADIOS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. Page 42 of 44 Minutes of the Regular Meeting— December 13, 2007 ORDINANCE NO. 10,792 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2008 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider confirmation of the City Manager’s appointee to the Civil Service Commission. Council Member Sheley moved to approve the City Manager’s appointment of David Jirrels to the Civil Service Commission for the term to begin on January 1, 2008 and end on January 1, 2011. 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. Consider appointment of the Chairman of Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority Board. Council Member Capetillo moved to appoint Don Murray as the Chairman of the Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority Board for the for the term beginning January 1, 2008 and ending December 31, 2008. 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 appointment to the Beautification Advisory Commission (1). Council Member Yepez moved to appoint Melissa Sorensen to the Beautification Advisory Commission to fill the unexpired term of Richard Moody which will end on September 30, 2009. Council Member Capetillo seconded the motion. The vote follows: Page 43 of 44 Minutes of the Regular Meeting— December 13, 2007 Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Consider confirmation of the Mayor's appointment to the Baytown Housing Authority Board (1). Council Member Capetillo moved to approve the Mayor’s appointment of Maria Guillory as the resident Commissioner to the Baytown Housing Authority Board to complete the term that began on April 1, 2007 and will expire on March 31, 2009. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Consider confirmation of the Mayor's appointment to the Baytown Housing Finance Corporation Board (1). Council Member Capetillo moved to approve the Mayor’s appointment of Maria Guillory as the resident Commissioner to the Baytown Housing Finance Corporation Board to complete the term that began on April 1, 2007 and will expire on March 31, 2009. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. EXECUTIVE SESSION There was no Executive Session. MANAGER'S REPORT Receive the Departmental Presentation from Parks and Recreation. Page 44 of 44 Minutes of the Regular Meeting— December 13, 2007 This departmental report was presented during the work session meeting. City Manager Brumback announced that the 50 acres next to Jenkins Park was purchased. Council engaged in limited discussion about this purchase. ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:53 p.m. ______________________________ Kelvin Knauf, Interim City Clerk