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2008 01 24 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 24, 2008 The City Council of the City of Baytown, Texas, met in regular session on January 24, 2008 at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez 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 Kelvin Knauf Interim City Clerk Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Member Sheley was absent. MINUTES Consider approval of the minutes for the Work Session Meeting and the Regular Council Meeting held on January 10, 2008. Council Member Capetillo moved to approve the minutes as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Baytown Beautification Annual Awards for the Previous Year. The Mayor introduced Ms. Susan Milner and Health Director Mike Lester to present the awards to businesses for their beautification efforts. Page 2 of 21 Minutes of the Regular Meeting— January 24, 2008 Ms. Milner explained that the Baytown Beautification Advisory Committee (BBAC) was approved by Council on August 2005 to serve as an advisory for the beautification and cooperation of business, the community and the City of Baytown. The BBAC members were asked to stand and be recognized by Council, staff and those present for their dedicated work. The Visual Enhancement Committee Members David Black, Cherie Laughlin, Judy Wheat and Sherry White presented the quarterly awards to the businesses that worked on the pride and appearance of their building, landscape and surrounding area. st  Board Member Black presented the 1 quarter winners, which were Camden Apartments and Frank’s Collision and Repair. nd  Board Member Laughlin presented the 2 quarter winners, which were Texas First Bank and Remington Park. rd  Board Member Wheat presented the 3 quarter winners, which were Trinity Episcopal Church and Jimmie’s Paint and Body Shop. th  Board Member White presented the 4 quarter winners, which were San Jacinto Methodist Hospital and El Toro Restaurant on Garth Rd. The Mayor presented the 2007 overall winner award to Frank’s Collision and Repair Shop. Citizen Communication - Rich Mendenhall Mr. Rich Mendenhall addressed council regarding signs as regulated in ordinance 10,215. Mr. Mendenhall owns a successful sports shop on Texas Avenue and has advertised many times by holding a sign while standing on the back of his truck in parking lots and on the side of the road. Mr. Mendenhall was warned by Sign Inspector, Ms. Debbie Sherman that this practice was not permitted by the City of Baytown Code of Ordinances, therefore he wanted clarification from Council and Staff on where he could stand to continue the promotion of his business. City Manager Brumback explained that he could not stand on the medians or on the side of the road, but can stand on the sidewalk in front of his business to promote the shop. City Manager Brumback explained that he was not targeting Mr. Mendenhall and that this was more of a safety concern for the City. Citizen Communication - Chris Presley Mr. Chris Presley addressed Council regarding the supply and demand of tax credit requirements by household and unit type. Mr. Presley explained that while the City of Baytown has approved the construction of 1042 tax credit units, which was twice the Page 3 of 21 Minutes of the Regular Meeting— January 24, 2008 recommended average, most of these complexes, are 2-3 room units. Mr. Presley believes that there is a shortage of 4 bedroom tax credit units in the City of Baytown and request that Council consider approving their construction. PUBLIC HEARINGS The Mayor opened this public hearing at 6:45 p.m. Conduct the first public hearing on the proposed annexation of a tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres. City Manager Brumback explained that the proposed annexation of a tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres. This 4.88 acre tract of land located at 5123 Garth Road near West Cedar Bayou Lynchburg Road, is contiguous to the city limits of Baytown, is vacant and without residents, and will be used for retail purposes and for a restaurant. The Mayor closed this public hearing at 6:46 p.m. The Mayor opened this public hearing at 6:47 p.m. Conduct the second public hearing on the proposed annexation of a tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as Page 4 of 21 Minutes of the Regular Meeting— January 24, 2008 described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres. City Manager Brumback explained that this second public hearing on the proposed annexation of a tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres. This 4.88 acre tract of land located at 5123 Garth Road near West Cedar Bayou Lynchburg Road, is contiguous to the city limits of Baytown, is vacant and without residents, and will be used for retail purposes and for a restaurant. The Mayor closed this public hearing at 6:48 p.m. PROPOSED ORDINANCES Consider Proposed Ordinance authorizing the City Manager to negotiate and execute a Curbside Recycling Contract with Waste Management of Texas, Inc. City Manager Brumback explained that the Proposed Ordinance authorizes the City Manager to negotiate and execute a Curbside Recycling Contract with Waste Management of Texas, Inc. The City Council discussed this recycling project at its work session held on January 10, 2008. As you recall, the City received seven responses to its Request for Proposals. Three of these responses were "no-bids." The City Staff has reviewed and evaluated the proposals and recommends that the City pursue a contract with Waste Management of Texas, Inc. City Manager Brumback explained that there would be a 60 to 90 day start-up period after contract execution before residential collection can begin. This time is necessary for the contractor to obtain collection equipment and for the City to order the recycling bins. Page 5 of 21 Minutes of the Regular Meeting— January 24, 2008 Deputy City Manager Leiper pointed out that the cost of the bins for the City would be $2.20 and therefore the cost to the residents will be $2.50. Additionally, for new service the resident will be given the initial bin; all additional bins will be available for purchase. An education period will take place for the residents and this service will not include apartment buildings. 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 and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,807 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CURBSIDE RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-EIGHT THOUSAND FORTY SEVEN AND NO/100 DOLLARS ($278,047.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Section 42-178 "Fees" of the Code of Ordinances, Baytown, Texas, to increase certain permit fees for food services establishments. City Manager Brumback introduced Mr. Mike Lester, Health Department Director who explained that the Proposed Ordinance amends Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Section 42-178 "Fees" of the Code of Ordinances, Baytown, Texas, to increase certain permit fees for food services establishments. Permit fees for food service establishments are reviewed on an annual basis with adjustments recommended every other year to allow the City of Baytown fees to maintain a middle of the market position with surrounding cities and counties. The proposed fees provide that opportunity while placing the City of Baytown in fourth place of the five surveyed cities. 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 and Caskey Page 6 of 21 Minutes of the Regular Meeting— January 24, 2008 Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,808 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," SECTION 42-178 "FEES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the City to enter into a Purchased Services Agreement with San Jacinto Medical Group for an employee health clinic including the medical services, supplies and location. City Manager Brumback explained that due to the ever increasing cost of medical care, the City of Baytown proposes to open an Employee Health and Wellness Clinic to educate and treat our employees and retirees. The clinic would offer a cost savings to both the City and the individuals that use the services. The Proposed Ordinance authorizes the City to enter into an agreement with San Jacinto Medical Group to reimburse for the expenses of the salary and benefits to hire a licensed physician's assistant or a nurse practitioner. This individual will provide free of charge wellness and medical services three days a week to City of Baytown employees and retirees only. The City of Baytown Employees Health & Wellness Clinic will provide education regarding healthy behaviors and see patients by appointment for acute care, prevention and screening. By providing these services, the employee and the City will save on the costs of a doctor office visit, unnecessary laboratory and x-ray fees and numerous other costs associated with office visits. Because the practitioner will have developed a history on the employee and know when testing is needed. Lastly, a wellness program educates employees on how to stay healthy and properly utilize medical benefits. Healthy employees need less medical attention and typically do not need chronic care; therefore, we anticipate the medical benefits fund will see a reduction in claims costs. Better educated employees are better consumers of medical benefits. The employee health and wellness clinic will be located at San Jacinto Medical Groups' current occupational health clinic under the direction of Dr. Steven Melcher. The clinic Page 7 of 21 Minutes of the Regular Meeting— January 24, 2008 will be responsible for charting and documenting the visits and for tracking costs that the clinic has saved the employee benefits plan. Lastly, City Manager Brumback pointed out that this program will be available to both current City employees as well as the retirees. Council Member Murray moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PURCHASED SERVICES AGREEMENT WITH SAN JACINTO MEDICAL GROUP FOR AN EMPLOYEE HEALTH CLINIC INCLUDING THE MEDICAL SERVICES, SUPPLIES AND LOCATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving a strategic partnership agreement with Chambers County Municipal Utility District No. 1. City Manager Brumback that the Proposed Ordinance approved a strategic partnership agreement with Chambers County Municipal Utility District No. 1 relating to a limited purpose annexation. The City of Baytown entered into a Strategic Partnership Agreement (“SPA”) with Chambers County MUD No. 1 (the “MUD”) 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 had 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 Page 8 of 21 Minutes of the Regular Meeting— January 24, 2008 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. On November 19, 2007, and December 13, 2007, the City Council held the requisite public hearings concerning this SPA, giving members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. The proposed strategic partnership agreement additionally provides as follows: 1. that ad valorem taxes will not be levied on the property; 2. that the MUD will retain all of its powers and functions related to the property; 3. that the City will receive sales and use taxes collected within the area of the limited purpose annexation; 4. that the MUD will continue to develop, to own, and to operate and maintain a water, wastewater, and drainage system for the property; 5. that the City’s regulatory authority shall include only Chapter 4 “Adult Commercial Establishments,” Chapter 42 “Health and Sanitation,” Chapter 82 “Secondhand Goods,” Article III “Junk and Automotive Wrecking and Salvage,” Chapter 118 “Signs,” Article III “Regulations,” Division 4 “Location,” Subdivision IV “Off-Premise Signs” along with all other provisions regulating Off-Premise Signs, and Chapter 130 “Zoning”; and 6. that the City will provide enforcement of the above ordinances and will provide water and/or wastewater services as established in the existing agreement, as amended by this SPA, but will provide no other services. 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 and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT Page 9 of 21 Minutes of the Regular Meeting— January 24, 2008 WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 102 Vehicles for Hire Article II Taxicabs, Division 1 Generally, Section 102-26 Definitions of the Code of Ordinances, Baytown, Texas, to revise the definition of taxicab to exempt vehicles operating in furtherance of the city’s circulator transit program from the taxicab regulations and amending Chapter 102 Vehicles for Hire Article II Taxicabs, Division 2 Generally, Section 102-59 Insurance, subsection (a) and Division 3 Operating Regulations, Section 102-108 Terminals and subterminals, subsection (a) of the Code of Ordinances Baytown, Texas, to conform the insurance requirements to that of state law and to clarify that each taxicab company is required to maintain a terminal. City Manger Brumback explained that the Proposed Ordinance amends Chapter 102 “Vehicles for Hire,” Article II “Taxicabs” of the Code of Ordinances, Baytown, Texas, as follows: Division 1 “Generally,” Section 102-26 “Definitions” to revise the definition of “taxicab” to exempt vehicles operating in furtherance of the city’s circulator transit program from the taxicab regulations; Division 2 “Generally,” Section 102-59 “Insurance,” subsection (a) to conform the insurance requirements to that of state law; and Division 3 “Operating Regulations,” Section 102-108 “Terminals and subterminals,” subsection (a) to clarify that each taxicab company is required to maintain a terminal. The first proposed change was precipitated by the City’s new Baytown Circulator Transit Program (the “Program”), which the City Council considered at its December 13, 2007 meeting. At such meeting, the Program’s fixed and non-fixed routes were discussed. The non-fixed routes are for the complementary ADA services required by the Federal Transit Administration and will be provided by a taxi service presently under contract with Harris County. This ordinance revision is necessary in order for taxicabs performing the non-fixed route ADA service under the Program to operate without having to be individually licensed by the City of Baytown. The other changes to the ordinance include: - Insurance. The changes in the insurance requirements are necessitated by changes in state law, which will come into effect on April 1, 2008. The city’s current ordinance expressly lists the statutory limits. In the proposed ordinance, a reference is merely made to state law. - Terminal. The last change regarding the terminal clarifies that each licensed taxicab company must maintain a terminal for the purposes currently described in Page 10 of 21 Minutes of the Regular Meeting— January 24, 2008 the ordinance, including the parking of taxicabs, receipt of calls for service, dispatch of taxicabs, the repository of lost items, and maintenance of taximeters. The Mayor called Mr. Brad Shirley to the podium as he had signed to speak in this item. Mr. Shirley operated the Red Top Taxi Company and is a resident of the City of Baytown. Mr. Shirley feels that the Circular Transit Program was unfair to local taxi companies as they are made to comply with City of Baytown taxi permits and other taxis are not. He feels that he is being penalized for being a local company and that this ordinance would hurt his business. Deputy City Manager Robert D. Leiper explained that the program is controlled by Harris County and the City cannot regulate cab companies that may or may not enter the City limits under the program. It would be a logistical nightmare and impossible to control. The Mayor welcomed all local taxi companies to consider applying for the Circular Transit Program with Harris County and reminded them that the requirements for participating in this program are more stringent than those of the City of Baytown. The item was briefly discussed. 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 and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,811 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE II "TAXICABS," DIVISION 1 "GENERALLY," SECTION 102-26 "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REVISE THE DEFINITION OF "TAXICAB" TO EXEMPT VEHICLES OPERATING IN FURTHERANCE OF THE CITY'S CIRCULATOR TRANSIT PROGRAM FROM THE TAXICAB REGULATIONS; AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE II "TAXICABS," DIVISION 2 "GENERALLY," "LICENSE," SECTION 102-59 "INSURANCE," SUBSECTION (A) AND DIVISION 3 "OPERATING REGULATIONS," SECTION 102-108 "TERMINALS AND SUBTERMINALS," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CONFORM THE INSURANCE REQUIREMENTS TO THAT OF STATE LAW AND TO CLARIFY THAT EACH TAXICAB COMPANY IS REQUIRED TO MAINTAIN A TERMINAL.; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS Page 11 of 21 Minutes of the Regular Meeting— January 24, 2008 CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. The Mayor asked Council to consider items 4.f and 4.g together as they were both bond related. Consider Proposed Ordinance authorizing the issuance of $12,890,000 City of Baytown Texas, General Obligation Bonds, Series 2008. City Manager Brumback explained that the Proposed Ordinance authorizes the issuance of $12,890,000 City of Baytown Texas, General Obligation Bonds, Series 2008. Proceeds from the sale of the Series 2008 General Obligation Bonds are intended for the following projects: Street Improvements; Northeast Fire Station; Radio System Upgrade; Matching Funds for Harris County and TxDot Projects; Construction of Drainage Facilities; Aquatics Master Plan Phase I; Sidewalks Near Parks and Schools; Beautification; Siren Replacement and Additions; and Estimated Issuance Costs related to issuance of bonds. The bond bids will be opened on January 24, 2008 and First Southwest Company will make recommendations for awarding the bid at the Council meeting. ORDINANCE NO. 10,812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $12,890,000 CITY OF BAYTOWN TEXAS, GENERAL OBLIGATION BONDS, SERIES 2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Ordinance authorizing the issuance of $29,500,000 City of Baytown Texas Certificates of Obligation, Series 2008. City Manager Brumback explained that the Proposed Ordinance authorizes the issuance of $29,500,000 City of Baytown, Certificates of Obligation, Series 2008. Proceeds from the sale of Series 2008 Certificates of Obligation are intended for the following projects: Miscellaneous Rehab and Emergencies; Central District Wastewater Treatment Plant; West District Plant Expansion; Steinman Lift Station; Cedar Bayou Lift Station Investigative Study; and Estimated Issuance Costs. The Certificate of Obligation bids will be opened on January 24, 2008 and First Southwest Company will make recommendations for awarding the certificates at the Council meeting. Council Member Murray moved to approve items 4.f. and 4.g. as submitted. Council Member Capetillo seconded the motion. The vote follows: Page 12 of 21 Minutes of the Regular Meeting— January 24, 2008 Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $29,500,000 CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Ordinance amending Chapter 94 Traffic and Vehicles, Article V Stopping, Standing and Parking, Division 2 Parking, Section 94-182 Prohibited for certain vehicles and purposes to add two new subsections to be numbered subsection (b)(6) and (c)(3), to prohibit parking of non-motorized vehicles on public streets for more than 72 hours in a 120 consecutive hour period and to add a new section to be numbered and entitled Section 94-189 Parking prohibited on certain front yards to restrict motor vehicles, boats and trailers from being parked on unimproved areas of residential front yards. City Manager Brumback explained that the Proposed Ordinance amends Chapter 94 “Traffic and Vehicles,” Article V “Stopping, Standing and Parking,” Division 2 “Parking,” Section 94-182 “Prohibited for certain vehicles and purposes” to add two new subsections to be numbered subsection (b)(6) and (c)(3), to prohibit parking of non- motorized vehicles on public streets for more than 72 hours in a 120 consecutive hour period and to add a new section to be numbered and entitled Section 94-189 “Parking prohibited on certain front yards” to restrict motor vehicles, boats and trailers from being parked on unimproved areas of residential front yards. - The first proposed amendment establishes an offense if a person parks any non- motorized vehicle on a public street. An exception (defense) is provided if the non-motorized vehicle was so parked for less than 72 hours in a consecutive 120- hour period. - The second proposed amendment establishes an offense if a person parks a motor vehicle, a non-motorized vehicle, or recreational vehicle in a front yard (forward of the front building wall) of a single family or duplex dwelling if all wheels of the motor vehicle or non-motorized vehicle are not on an improved surface. - The third proposed amendment prohibits any front yard of a single family or duplex dwelling from containing an improved surface greater than 18-feet wide at any point or 50% of the average lot width, whichever is greater. Page 13 of 21 Minutes of the Regular Meeting— January 24, 2008 Mr. Ken Williamson addressed Council to discuss his opposition to this ordinance because he felt that there were better things the City should be concentrating on than trying to tell citizens where they could park their boats. Mr. Williamson also commented that this ordinance would be a strain on all boat owners that would be forced into compliance. Mr. Harvey Fonder addressed Council to voice his opposition to this ordinance and said he felt that the City was trying to control his life, property and what he could and could not do. Mr. Fonder asked Council to explain what beautification was for them and how that was going to affect his property. He voiced his concerns that this ordinance was intrusive and a violation of his rights. Ms. Adela Rogers addressed Council to first oppose the ordinance, but commented that after sitting in the Council meeting and realizing that boats were excluded the ordinance would not affect her. Ms. Lorna Buenrostro addressed Council to oppose the ordinance and while she was happy that the boat restrictions were excluded she felt there other things that needed to be done to beautify Baytown first and complained of the lack of street sweeping accomplished by the City. Council discussed the item and after more consideration decided to table the item until after the Council retreat, which will take place in March 2008. Council Member Mahan moved to table the Ordinance. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried and the item was tabled. Consider Proposed Ordinance calling the municipal and special elections to be held on May 10, 2008, for the purposes of electing one Council Member each from District Numbers Four, Five and Six and reauthorizing the 1/4% sales and use tax to continue providing revenue for maintenance and repair of municipal streets. City Manager Brumback explained that the Proposed Ordinance calls the municipal and special elections to be held on May 10, 2008, for the purposes of electing one Council Member each from District Numbers Four, Five and Six and reauthorizing the 1/4% sales and use tax to continue providing revenue for maintenance and repair of municipal streets. Additionally, City Manager Brumback explained that the Street Maintenance Sales tax Page 14 of 21 Minutes of the Regular Meeting— January 24, 2008 was approved by voters in 2004 and has a sunset requirement after four years. It will expire in 2008 unless reauthorized by voters. If reauthorized, the Street Maintenance Sales Tax program will continue for an additional four years (2012). There are no options for alternate terms. Council briefly discussed the item. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,814 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 10th DAY OF MAY, 2008, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. FOUR, FIVE AND SIX ORDERING A SPECIAL ELECTION TO BE HELD ON THE 10™ DAY OF MAY, 2008, FOR THE PURPOSES OF REAUTHORIZING THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. PROPOSED RESOLUTIONS Consider Proposed Resolution approving the proposed Storm Water Management Plan for the City of Baytown and authorizing submission of the notice of intent to comply with the State of Texas General Permit for Storm Water Phase II cities. City Manager Brumback explained that this Resolution will approve the proposed Storm Water Management Plan for the City of Baytown as required by the Texas Commission of Environmental Quality Rules and Regulations as they relate to Storm Water Phase II cities within the State of Texas. The Resolution also approves and authorizes the submission of the Notice of Intent to comply with the State of Texas General Permit for Storm Water Phase II cities. Page 15 of 21 Minutes of the Regular Meeting— January 24, 2008 Additionally, City Manager Brumback explained that the adoption of the Plan does not implement the specific ordinances which will regulate the construction, post-construction or residential requirements. The construction and post-construction ordinance will be brought to the Council at a later time for consideration and adoption. A separate ordinance regulating residential activities also will be brought to the Council at a later date for consideration and adoption. Council Member Mahan moved to approve the Resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROPOSED STORM WATER MANAGEMENT PLAN FOR THE CITY OF BAYTOWN; AUTHORIZING SUBMISSION OF THE NOTICE OF INTENT TO COMPLY WITH THE STATE OF TEXAS GENERAL PERMIT FOR STORM WATER PHASE II CITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution approving an application for continued funding for the Victims of Crime Act (VOCA) Grant awarded to the City to provide the Family Violence Counseling and Victim Services Program in the Police Department for the 2008-2009 period. City Manager Brumback introduced Captain Keith Dougherty from the Baytown Police Department to expand on this item. Captain Dougherty explained that the Proposed Resolution approves an application for continued funding for the Victims of Crime Act (“VOCA”) Grant awarded to the City to provide the Family Violence Counseling and Victim Services Program in the Police Department for the 2008-2009 period. The Office of the Governor, Criminal Justice Division, VOCA program will review the VOCA Grant application during competitive grant proposals. The application will request continued funding for one full-time personnel position, a Case Management Coordinator, who works directly under the supervision of the Baytown Police Department. This continuation grant will be for the 9th year of funding. The original application was approved by Resolution No. 1404 and the grant has been awarded by the Office of the Governor-Criminal Justice Division for fiscal years 2000 -- 2007. Funding is provided annually. This application will request funding Page 16 of 21 Minutes of the Regular Meeting— January 24, 2008 in an amount not to exceed $53,413. The local match will be in kind and is available in the Police Department general fund budget. Captain Dougherty also introduced Ms. Michelle Stevens who is the Family Violence Counselor for the Baytown Police Department and the grant writer for the VOCA grant. Ms. Stevens administers this grant and is the sole counselor for all family violence cases referred to her by the Baytown Police Department. Last year there were 144 cases of domestic violence reported in Baytown and 975 victims received aid from Ms. Stevens through the assistance of this grant. Council Member Mahan moved to approve the Resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE 2008-2009 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND FOUR HUNDRED THIRTY-NINE AND NO/100 DOLLARS (SI 1,439.00) AND AN IN- KIND MATCH NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN AND NO/100 DOLLARS ($1,914.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Consider approval of plans and specifications and authorizing advertisement to take bids for the construction of the Public Works Maintenance Building Project. City Manager Brumback explained to Council that they had not seen this item before because this was an emergency situation. The Public Works storage facility had deteriorated to such a point that it was a health and safety concern for the employees and had to be demolished. This item is to approve the plans and specifications and authorize the advertisement to take bids for the construction of the Public Works Maintenance Building Project. Page 17 of 21 Minutes of the Regular Meeting— January 24, 2008 The building used by multiple public works departments and purchasing to store materials and supplies needs to be replaced. Plans were prepared to replace the building with a 60' x 110' x 19' eave height single slope roof metal building with a 20' x 110' canopy on the short side. The interior of the building will be unfinished except for a 20' x 30' area to be used by the traffic department. The existing concrete slab will be re- used. The estimated construction cost for this project is $200,000.00. The construction duration is 90 calendar days. This project is funded with CIPF Funds. Council Member Murray made a motion to approve as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. REPORTS Receive and discuss Baytown Area Water Authority Annual Financial Report for the fiscal year ended September 30, 2007. Director of Finance, Rhonda Dougherty, explained that the Annual Financial Report for the Baytown Area Water Authority (BAWA) for the fiscal year ended September 30, 2007, has been prepared and presented to the BAWA Board of Directors at the January 16, 2008 meeting. BAWA is presented in a separate column in the City's Comprehensive Annual Finance Report to emphasize the legal separation between BAWA and the City of Baytown. As a result of this presentation, stand-alone BAWA Financial statements are presented to Council for information purposes. These items were scheduled to be presented to the Council Finance Subcommittee on January 23, 2008. Council received the report. Receive and discuss the Comprehensive Annual Financial Report and Single Audit Report for the City of Baytown fiscal year ended September 30, 2007. Director of Finance, Rhonda Dougherty, explained that the Comprehensive Annual Financial Report and Single Audit Report for period ended September 30, 2007, was presented. In accordance with Article II, Section 31 of the Charter, the Finance Department has prepared the financial statements for the year ended September 30, 2007. These items were scheduled to be presented to the Council Finance Subcommittee Page 18 of 21 Minutes of the Regular Meeting— January 24, 2008 on January 23, 2008. Sandersen Knox & Belt, L.L.P., a public accounting firm, conducted the independent audit. Council received the report. Receive quarterly investment report for the period ending December 31, 2007 for the City of Baytown. Director of Finance, Rhonda Dougherty, explained that the City of Baytown's Investment Report for the quarter ending September 30, 2007, was submitted for review in accordance with the Public Funds Investment Act Section 2256-023 (a) and (b). The report was scheduled to be reviewed by the Council Finance Subcommittee on January 23, 2008. For the General Fund, investment revenue totals $240,024, which is 22% of the budget as compared to 17% for the prior year. Last year's governmental pool investment earnings were based on interest rates from 5.278% to 5.286% . This year's rates range from 4.557% to 4.928%. Last year's U.S. Agency investment rates range from 2.999% to 5.50%. This year's rates range between 4.070% and 5.625%. New investments are made at the market rates at the time of purchase. Council received the report. Receive quarterly financial reports for the period ending December 31, 2007 for the City of Baytown. Director of Finance, Rhonda Dougherty, explained that the City of Baytown's Financial Report for the quarter ending December 31, 2007, was also submitted for review. The report was scheduled to be reviewed by the Council Finance Subcommittee on January 23, 2008. Council received the report. CONSENT Council Member Mahan made a motion to approve Consent Items 8.a. through 8.h. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. Page 19 of 21 Minutes of the Regular Meeting— January 24, 2008 Consider proposed Ordinance to approve release of retainage to Dan’s Commercial Plumbing, LLC. and to accept the 2007 Water Service Relocation Project. ORDINANCE NO. 10,815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2007 WATER SERVICE RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND SIX HUNDRED NINETY-EIGHT AND 37/100 DOLLARS ($4,698.37) TO DAN'S COMMERCIAL PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed ordinance awarding the annual roll-off container services contract. ORDINANCE NO. 10,816 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ARROW WASTE, INC., FOR THE ANNUAL ROLL-OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY-SIX THOUSAND FIVE HUNDRED EIGHTY AND NO/100 DOLLARS ($146,580.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution accepting a grant from the Texas State Library to provide funds to maintain, improve and enhance local library services and authorizing the City Manager to take further action to secure the grant. RESOLUTION NO. 1912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE TEXAS STATE LIBRARY TO PROVIDE FUNDS TO MAINTAIN, IMPROVE AND ENHANCE LOCAL LIBRARY SERVICES; AUTHORIZING THE CITY MANAGER TO TAKE FURTHER ACTION TO SECURE THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an Interlocal Participation Agreement for the Local Government Purchasing Cooperative (referred to as the BuyBoard). ORDINANCE NO. 10,817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL Page 20 of 21 Minutes of the Regular Meeting— January 24, 2008 PARTICIPATION AGREEMENT WITH THE LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE BUYBOARD COOPERATIVE PURCHASING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of Lots 8 & 9, Block 3, Northside Highland Farms, Harris County, Texas. ORDINANCE NO. 10,818 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF LOTS 8 & 9, BLOCK 3 NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT IN THE AMOUNT OF TWENTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($26,700.00) THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed ordinance authorizing the TXMAS purchase and installation of carpet for the Sterling Municipal Library. ORDINANCE NO. 10,819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-SEVEN THOUSAND FOUR HUNDRED SIXTY-FOUR AND 01/100 DOLLARS (5167,464.01) TO COMMERCIAL MARKETING ASSOCIATES, INC., THOUGH THE STATE COMPTROLLER OF PUBLIC ACCOUNT'S TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) FOR THE PURCHASE AND INSTALLATION OF CARPET FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of Lots 9 and 10, Block 33, Busch Terrace, an addition in Harris County, Texas. ORDINANCE NO. 10,821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF LOTS 9 AND 10, BLOCK 33, BUSCH TERRACE, AN ADDITION IN HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT IN THE AMOUNT OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a Shared Funding Agreement with Harris County and Gulf Coast Management, Inc., for the partial reconstruction of Hunt Road. Page 21 of 21 Minutes of the Regular Meeting— January 24, 2008 ORDINANCE NO. 10,820 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A SHARED FUNDING AGREEMENT WITH HARRIS COUNTY AND GULF COAST MANAGEMENT, INC., FOR THE RECONSTRUCTION OF APPROXIMATELY 1,100 LINEAR FEET OF HUNT ROAD FROM GARTH ROAD EASTWARD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN MOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointment to the Baytown Area Water Authority Board (1). City Manager Brumback asked Council to disregard this item as after further review the candidate was not a resident of the City of Baytown and therefore did not meet the requirements to serve on this board. ADJOURN Council Member Caskey moved to adjourn the meeting. Council Member Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Yepez Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:52 p.m. ______________________________ Kelvin Knauf, Interim City Clerk