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2008 02 14 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 14, 2008 The City Council of the City of Baytown, Texas met in regular session on February 14, 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 Assistant City Manager /Interim City Clerk Mayor DonCarlos called the meeting to order at 6:37 with a quorum present. MINUTES Consider Approval of Minutes for the Regular Council Meeting held on January 10, 2008. Council Member Caskey moved to approve the minutes as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Yepez Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Employee Recognition for Years of Service Recognize employees for their dedicated years of service to the City (5, 10, 15, 20, 25, and 30+ years). City Manager Brumback announced that the following employees had received services awards: Chad McLeod 5 year award Gaston Gagne 15 year award Bruce Fanestiel 15 year award Michael Wooster 15 year award Mr. Wooster was present to accept his award. Page 2 of 18 Minutes of the Regular Meeting—February 14, 2008 Mayor DonCarlos asked to consider items 4b (Resolution Opposing Additional LIHTC Units) and 4c (Lakewood Vista Housing Project) out of order and to consider the Lakewood Vista Housing Project item first. Council Member Sheley moved that items 4b and 4c be taken out of order. Council Member Capetillo seconded the motion. The motion is as follows: Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. Lakewood Vista Housing Project Consider Proposed Resolution approving the Lakewood Vista Housing Project and supporting the award of housing tax credits for such project. City Manager Brumback gave an overview of low income housing in the City and stated that the proposal is not appropriate or the best use of the property. Mr. Brumback recommended denial of the request and asked Mr. Chris Presley to explain the proposal. Mr. Presley gave a lengthy presentation on his proposal to develop the Lakewood Vista Housing Project, which will be a development of approximately 24 single- family, 4 bedroom residential units located at 7900 Block of Bayway Drive in Baytown, Texas. Mr. Presley is pursuing a low income housing tax credit (“LIHTC”) from the Texas Department of Housing and Community Affairs (“TDHCA”) to assist with financing the project. Under TDHCA rules in the 2008 Qualified Allocation Plan and Rules (“QAP”), if the development is located in a municipality that has more than twice the State average of units per capita supported by LIHTC or private activity bonds, the applicant must obtain prior approval of the development from the governmental body of the municipality. Mr. Presley called on Judy McCormey, Mr. Charles Johnson, and Ms. Clair Sinclair to make remarks supporting the need for the project. The City Council engaged in a lengthy discussion concerning the merits of Mr. Presley’s proposal. Mayor DonCarlos stated that the Wyndam Apartments had originally requested support as a low-income housing project and was turned down; the developer then came back with a senior housing project, which was approved. Council Member Capetillo asked Mr. Presley why he didn’t present the statistics on low income housing in Baytown when he proposed the Villas of Goose Creek project. Council Member Yepez asked if the community needs the social services stated by Mr. Presley, why he didn’t include a social service building in the proposed project. Council Member Mahan asked if the units would be individually metered. Council Member Sheley asked if there would be a part-time person available on the property to manage the property. Mr. Presley offered to carve out a parcel of land for office use and that staff would be on the premises part-time but would be available full- time. After additional City Council comments, the Mayor called upon citizens who had signed up to speak on the item. Judy DuBose of 186 N. Reforma encouraged the City Council to vote for limiting low-income housing. Robert Goolsby of 202 Tanglewood stated that the City is stretched thin for peace officers and asked questions of Mr. Presley. Peter Cushman of 417 N. Burney asked the City Council to consider the potential impact of the project on property owners in the area. Teri Presley of 3609 LaReforma, Marcie Bearden of 4810 Barkuloo, and Sabrina Frazir of 4003 Stoney Brook all asked that their time be given to Chris Presley. Calvin Mundinger of 411 Burnett Drive stated that other area municipalities have passed regulations and ordinances opposing low-income housing and that the Council has not shown preferential treatment to Page 3 of 18 Minutes of the Regular Meeting—February 14, 2008 anyone. Chris Presley stated that if he went too far in offending the Council, then he apologized. Paul Tutsworth yielded his time to Judy DuBose. Ms. DuBose stated she is concerned about economic development and wants the City to improve its image. Gloria Bashrum of 8102 Bayside stated she had no comment, that her question had been answered. Bob Hoskins, President of the GCCISD School Board, stated that low-income housing had a big impact on the school district and housing needs to be at a different market level (than what is proposed by Mr. Presley). Mr. Hoskins stated that teachers have 40-60% students who are mobile, which affects the TAKS score and that outside students are usually two years behind Baytown students and have to be brought up to Baytown standards. Mayor DonCarlos called for a motion. Council Member Sheley moved that the resolution be approved. The motion died for lack of a second. Opposing Additional LIHTC Units Consider Proposed Resolution opposing any additional low income housing tax credit units associated with the Texas Department of Housing and Community Affairs- Low Income Housing Tax Credit Program. City Manager Brumback summarized the proposed resolution and recommended approval. The Proposed Resolution opposes any additional low income housing tax credit units associated with the Texas Department of Housing and Community Affairs’ (“TDHCA”) Low Income Housing Tax Credit Program. In order for an applicant to receive low income housing tax credits (“LIHTC”) from TDHCA to assist development of new rental units, the City of Baytown must approve the same. The need for this approval is due to the fact that the City has more than twice the State average of units per capita supported by LIHTC or private activity bonds. Currently, the City of Baytown has even more than the state’s reported 2.49 units per capita, for the reported number of units excludes the Wyndham Park Senior Housing Development, a 184-unit senior development located on Rollingbrook Drive. The City has been notified of two new LIHTC unit developments seeking financing under the 2008 Qualified Allocation Plan and Rules. If those are approved, it would further increase the City’s LIHTC units per capita due to the addition of 119 one- and/or two-bedroom and 24 four- bedroom low-income units. The 2005 Consolidated Plan specifies the need for additional sound affordable housing. Furthermore, the Consolidated Plan asserts the City will work with LIHTC applicants to facilitate the State’s approval of affordable housing. In the past three years, the City has adhered to that commitment by supporting five new LIHTC developments and adding 792 more affordable rental units. There has also been an increase of 262 Section 8 Rental Vouchers and otherwise subsidized units within the City. Including Wyndham Park, there are 1,530 LIHTC units approved in the Baytown area. Baytown is also home to 209 public housing units, 727 Section 8 Rental Vouchers, and at least 273 otherwise subsidized rental units. Out of the 8,531 available licensed multi- family rental units, approximately 30% of the units are geared to accommodate low-income persons. This does not include the number of units that are market rate developments, but advertise below-market rents or units subsidized by other sources. With pending LIHTC units and potential upgrading of existing rental complexes through the multi-family ordinance, city staff recommended that no new LIHTC unit developments be approved by the City. This suspension of approval will allow the time necessary for the current LIHTC units recently approved to come on-line and become reasonably occupied so that the City can better assess the need for future LIHTC units. Page 4 of 18 Minutes of the Regular Meeting—February 14, 2008 Council Member Murray moved to adopt the resolution. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OPPOSING ANY ADDITIONAL LOW INCOME HOUSING TAX CREDIT UNITS ASSOCIATED WITH THE LOW INCOME HOUSING TAX CREDIT PROGRAM OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The City Council then returned to the regular agenda order. PROPOSED ORDINANCES First Reading - 4.88 Acre Annexation at 5123 Garth Road Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 Clerk's File No. F793461, and being 7.30 acres. City Manager Brumback gave a brief summary of the annexation request. Council Member Mahan moved to approve the ordinance as submitted. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Yepez Mayor DonCarlos Nays: None Absent: Council Members Murray and Sheley had temporarily left the room. The motion carried. Page 5 of 18 Minutes of the Regular Meeting—February 14, 2008 ORDINANCE NO. 10,822 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 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 CLERK'S FILE NO. F793461, AND BEING 7.30 ACRES; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Second Reading - 28.79 Acres Annexation 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 28.79-acre (1,253,950 square feet) tract of land 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 No. U606092 of the Official Public Records of Real Property of Harris County, Texas. City Manager Brumback summarized the proposed annexation and recommended approval. Council Member Mahan moved that the ordinance be adopted. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Yepez Mayor DonCarlos Nays: None Absent: Council Members Murray and Sheley had temporarily left the room. The motion carried. ORDINANCE NO. 10,793 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 28.79-ACRE (1,253,950 SQUARE FEET) TRACT OF LAND IN THE NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, HARRIS COUNTY, TEXAS, AND BEING THE Page 6 of 18 Minutes of the Regular Meeting—February 14, 2008 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 NO. U606092 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Placing 28.79 - Acre Annexation into Council District No. 3 Consider Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as a 28.79-acre (1,253,950 square feet) tract of land 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 No. U606092 of the Official Public Records of Real Property of Harris County, Texas, in Council District 3. Council Member Capetillo moved that the ordinance be adopted as submitted. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 28.79-ACRE (1,253,950 SQUARE FEET) TRACT OF LAND 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 NO. U606092 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Second Reading - 2.966 Acre Annexation 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 2.966 (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. City Manager Brumback gave a brief summary of the annexation proposal. Page 7 of 18 Minutes of the Regular Meeting—February 14, 2008 Council Member Murray moved that the ordinance be adopted as submitted. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,794 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 2.966 (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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Placing 2.966 - Acre Annexation into Council District 4. Consider Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as a 2.966 (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, in Council District 4. Council Member Murray moved that the ordinance be adopted as submitted. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. Page 8 of 18 Minutes of the Regular Meeting—February 14, 2008 ORDINANCE NO. 10,824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 2.966 (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, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Collection of Brush from Residences Consider Proposed Ordinance amending Chapter 86 “Solid Waste,” Article III “Commercial Solid Waste,” Division 1 “Generally,” Section 86-132 “Refuse” of the Code of Ordinances, Baytown, Texas, to remove the prohibition of setting out brush for the city’s collection at residence if the brush was the result of the work of a commercial tree trimmer. City Manager Brumback summarized the proposed ordinance. The proposed ordinance removes the prohibition of setting out brush on the curb if the cutting was done by a commercial tree-trimmers. The proposed ordinance will increase the cost to the City of removing brush and will affect citizens since the brush can set bet out before the regular pick-up cycle. Mayor DonCarlos suggested sending a notice to commercial tree trimmers about the new ordinance. Council Member Murray stated that the public needs to be educated about the high cost charged by tree trimmers. Council Member Capetillo moved to adopt the ordinance. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 “SOLID WASTE,” ARTICLE III “COMMERCIAL SOLID WASTE,” DIVISION 1 “GENERALLY,” SECTION 86-132 “REFUSE” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE PROHIBITION OF SETTING OUT BRUSH FOR THE CITY’S COLLECTION AT A RESIDENCE IF THE BRUSH WAS THE RESULT OF THE WORK OF A COMMERCIAL TREE TRIMMER; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND Page 9 of 18 Minutes of the Regular Meeting—February 14, 2008 NO/100 DOLLARS ($500.00) AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Award bid for Texas Avenue/Oak Tree Median & Paving Project Construction Contract Consider the ordinance awarding the Texas Avenue/Oak Tree Median & Paving Project construction contract. City Manager Brumback summarized the bids and the work to be performed. Three bids were received for the Texas Avenue/Oak Tree Median & Paving Project. The low bidder is Total Site Construction in the amount of $299,653.35. This project will remove and replace the paving around the Oak Tree on Texas Avenue, following the process and procedures outlined by the Urban Forester hired by the City. The project will include drainage repairs to the line crossing Texas Avenue and the installation of conduit for future water and power to the Oak Tree median. This project should be completed during the dormant season for the tree to reduce the possibility of harming the tree. The Urban Forester will also inspect the work by the contractor to assure that proper precautions are being taken. This project is funded by the Street Maintenance Sales Tax and Capital Drainage funds. Council Member Mahan stated that he would be voting against the proposed ordinance. Council Member Sheley moved that the ordinance be adopted awarding the bid to Total Site Construction in the amount of $299,653.35. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Murray, Sheley, and Yepez Mayor DonCarlos Nays: Council Member Mahan The motion carried. ORDINANCE NO. 10,826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TOTAL SITE, INC., FOR THE TEXAS AVENUE/OAK TREE MEDIAN AND PAVING PROJECT; AUTHORIZING PAYMENT OF A SUM OF TWO HUNDRED NINETY-NINE THOUSAND SIX HUNDRED FIFTY-THREE AND 35/100 DOLLARS ($299,653.35); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Amendment to Municipal Maintenance Agreement with TxDOT for Red Light Camera Equipment Consider Proposed Ordinance approving an amendment to Municipal Maintenance Agreement with the Texas Department of Transportation for the furnishing, installing, operation and maintenance of cameras on State highway rights-of-way to monitor compliance with traffic- control signals. City Manager Brumback reviewed the proposed amendment and recommended approval. The Proposed Ordinance approves an amendment to Municipal Maintenance Page 10 of 18 Minutes of the Regular Meeting—February 14, 2008 Agreement with the Texas Department of Transportation for the furnishing, installing, operation and maintenance of cameras on State highway rights-of-way to monitor compliance with traffic- control signals. On December 13, 2007, the City Council designated intersections for the installation of the equipment necessary to implement the City’s Photographic Traffic Signal Enforcement System Program. Of the 10 intersections chosen, the following intersections are within the State’s right-of-way: 1. Southbound Hwy. 146 at N. Alexander Dr. (near Ferry Road) 2. Southbound Garth Rd. at Hwy. 146 3. Northbound Garth Rd. at I-10 4. Southbound Garth Rd. at I-10 5. Southbound Business 146 at Wyoming St. 6. Northbound North Alexander at Hwy. 146 The proposed amendment allows the City to place the equipment in the State’s right-of-way and sets forth the conditions of the installation, operation and maintenance of such equipment. There are no fees charged by the State for this amendment. Council Member Murray moved that the ordinance be adopted. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,827 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING, INSTALLING, OPERATION, AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC CONTROL SIGNALS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Approve HGAC Intergovernmental Agreement Consider Proposed Ordinance authorizing an Interlocal Agreement with the Houston-Galveston Area Council for the City to provide regional law enforcement training at the Baytown Police Department's Training Academy facilities. City Manager Brumback summarized the proposed agreement and recommended approval. The Proposed Ordinance authorizes an Interlocal Agreement with the Houston-Galveston Area Council for the City to provide regional law enforcement training at the Baytown Police Department's Training Academy facilities. H-GAC will pay the City of Baytown from State or Federal funds for such training. This is the second year the City has entered into this agreement. Page 11 of 18 Minutes of the Regular Meeting—February 14, 2008 Council Member Caskey moved that the ordinance be adopted. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,828 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL TO PROVIDE REGIONAL LAW ENFORCEMENT TRAINING AT THE BAYTOWN POLICE ACADEMY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Attendance Policy for Various Boards and Commissions of the City Consider Proposed Ordinance amending Chapter 2 “Administration,” Article IV “Boards and Commissions,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, by adding a new section to be numbered and entitled Section 2-256 “Attendance by board members at meetings” to standardize absence policies of the various boards and commissions of the City. City Manager Brumback reviewed the proposed ordinance and recommended approval. The proposed ordinance amends Chapter 2 “Administration,” Article IV “Boards and Commissions,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, by adding a new section to be numbered and entitled Section 2-256 “Attendance by board members at meetings” to standardize absence policies of the various boards and commissions of the City. Specifically, the ordinance provides that members of the various boards, commissions, committees, and task forces are allowed the following absences during a 12-month period: Number of Meetings of the Board Number of Allowable Meeting per Month Absences 1 4 <1 3 >1 5 Absences in excess of the number stated above may result in removal from the board, commission, committee or task force of the City by the City Manager upon confirmation of the Mayor. Currently, written absence requirements of the boards and commissions are varied with some not having any requirements at all. This proposed ordinance enforces the expectation of the City Council when appointing persons to boards and commissions of the City -- namely that they arrange their schedules to make most, if not all, of the scheduled meetings. The proposed ordinance also directs the Interim City Clerk to send this ordinance to the MDD, the CCPD, the FCPEMSD, and BAWA to encourage them to adopt similar policies. Council Member Capetillo moved that the ordinance be adopted. Council Member Mahan seconded the motion. The vote was as follows: Page 12 of 18 Minutes of the Regular Meeting—February 14, 2008 Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,829 AN ORDINANCE FO THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS AND COMMISSIONS,” DIVISION 1 “GENERALLY” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2-256 “ATTENDANCE BY BOARD MEMBERS AT MEETINGS” TO STANDARDIZE ABSENCE POLICIES OF THE VARIOUS BOARDS AND COMMISSIONS OF THE CITY; REPEALING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS AND COMMISSIONS,” DIVISION 2 “PARKS AND RECREATION BOARD,” SECTION 2- 284 “ATTENDANCE AT MEETINGS”; DIVISION 3 “PLANNING AND ZONING COMMISSION,” SECTION 2-324 “ATTENDANCE AT MEETINGS”; DIVISION 5 “COMMUNITY DEVELOPMENT ADVISORY COMMITTEE,” SECTION 2-389 “ATTENDANCE AT MEETINGS”; DIVISION 10 “BOARD OF ADJUSTMENT,” SECTION 2-546 “ATTENDANCE AT MEETINGS”; DIVISION 11 “BEAUTIFICATION ADVISORY COMMISSION,” SECTION 2-565 “ATTENDANCE AT MEETINGS”; AND DIVISION 12 “YOUTH ADVISORY COMMISSION,” SECTION 2-575 “ATTENDANCE AT MEETINGS”; DIVISION 13 “”REDEVELOPMENT ADVISORY TASK FORCE,” SECTION 2-585 “ATTENDANCE AT MEETINGS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DELETE CONTRARY PROVISIONS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. PROPOSED RESOLUTIONS Consider Moving the Regular Meeting date on May 22, 2008 to May 20, 2008. Consider a proposed resolution moving the regularly scheduled meeting for May 22, 2008 to May 20, 2008. City Manager Brumback called on Assistant City Manager Kelvin Knauf to summarize the proposed resolution. Mr. Knauf stated that the second meeting in May is currently scheduled for May 22, 2008. The last day to canvass the votes is May 21, 2008. The staff selected May 20 because after the election, there are deadlines that must be considered prior to the canvass, such as May 15, which is the last day to receive a military mail ballot. Therefore, to avoid having two City Council meetings in the same week, the staff recommends that the regularly scheduled meeting on May 22 be moved to May 20. Mayor DonCarlos stated he had a conflict with the thth May 20 date and asked that the meeting be moved to May 19. Council Member Murray moved that the resolution be adopted with the meeting date being May thnd 19 instead of May 22. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Page 13 of 18 Minutes of the Regular Meeting—February 14, 2008 Nays: None The motion carried. RESOLUTION NO. 1914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MAY 22, 2008 AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 19, 2008, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Approval of Work Order #8 for Mill and Overlay Consider approval of a resolution approving the list of streets for the Street Maintenance Sales Tax Mill and Overly Program, Work Order Eight. City Manager Brumback summarized the proposal. This resolution approves the list of streets for the Street Maintenance Sales Tax Mill and Overlay Program, Work Order Eight. The work will be performed under the annual street repair contract with Angel Brothers, Inc., through an interlocal agreement with Harris County and through a future contract for chip seal/slurry seal. There is approximately $850,000 available in Street maintenance Sales Tax funds for Work Order #8. Due to the length and width of some eligible thoroughfares, it is difficult to execute efficient contracts under a district-allocation system. It is recommended that this work order focus on thoroughfares and also include a pilot project to test the use of chip seal/slurry seal as an alternative to crack sealing on certain roadways. The following segments totaling 3 miles are recommended for Work Order #8: West Main from Lee Drive to South Main Crosby-Cedar Bayou from Massey-Tompkins to the north city limits Crosby-Cedar Bayou from North Alexander to Highway 146 South Alexander: From South Main to Business 146 North Pruett from Highway 146 to Schilling North Pruett from West Lobit to Sterling McKinney Road from Highway 146 to Massey-Tompkins Road The City Council engaged in a discussion about chip sealing the streets. Mr. Leiper stated that the chip seal is a pilot program included in the bids but that specific streets had not yet been identified. Council Member Caskey moved that the resolution be adopted. Council Member Yepez seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. Page 14 of 18 Minutes of the Regular Meeting—February 14, 2008 RESOLUTION NO. 1915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING STREETS TO BE MILLED AND OVERLAID UNDER WORK ORDER NO. 8 OF THE STREET MAINTENANCE SALES TAX MILL AND OVERLAY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CONSENT Council Member Sheley moved that the consent agenda be adopted. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey:, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. Consider approval of an interlocal agreement with the Baytown Municipal Development District to fund the construction of park connector sidewalks linking Parkwood and Bayou Oaks Estates subdivisions with J. C. Holloway Park. ORDINANCE NO. 10,830 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 CONSTRUCTION OF THE PARK CONNECTOR SIDEWALKS ON THE WEST SIDE OF RACCOON DRIVE LINKING PARKWOOD AND BAYOU OAKS ESTATES SUBDIVISIONS WITH J.C. HOLLOWAY PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an Industrial District Agreement with Exel, Inc. ORDINANCE NO. 10,831 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXEL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an Industrial District Agreement with Home Depot U.S.A., Inc. ORDINANCE NO. 10,832 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST Page 15 of 18 Minutes of the Regular Meeting—February 14, 2008 TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HOME DEPOT, U.S.A., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEROF. Consider Proposed Ordinance placing the properties annexed into the City of Baytown for limited purposes and being described as Hunters Chase Section One, Reserve A; Hunters Chase Section One, Reserve B; Country Meadows Section One, Reserve A; Country Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve C; Pine Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located east of State Highway 146 and south of Interstate Highway No. 10, Chambers County, Texas, into Council District No. 5; and placing the properties annexed into the City of Baytown for limited purposes and being described as a 43.8056 acre tract of land located east of Spring Gully and north of Interstate Highway No. 10 in Harris County, Texas, into Council District No. 3. ORDINANCE NO. 10,833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING THE PROPERTIES ANNEXED INTO THE CITY OF BBAYTOWN FOR LIMITED PURPOSES AND BEING DESCRIBED AS HUNTERS CHASE SECTION ONE, RESERVE A; HUNTERS CHASE SECTION ONE, RESERVE B; COUNTRY MEADOWS SECTION ONE, RESERVE A; COUNTRY MEADOWS SECTION FIVE, RESERVE B; COUNTRY MEADOWS SECTION FIVE, RESERVE C; PINE MEADOWS SECTION ONE, RESERVE A; AND PINE MEADOWS SECTION ONE, RESERVE B, LOCATED EAST OF STATE HIGHWAY 146 AND SOUTH OF INTERSTATE HIGHWAY NO. 10, CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; AND ADDING THE PROPERTIES ANNEXED INTO THE CITY OF BAYTOWN FOR LIMITED PURPOSES AND BEING DESCRIBED AS A 43.8056 ACRE TRACT OF LAND LOCATED EAST OF SPRING GULLY AND NORTH OF INTERSTATE HIGHWAY NO. 10 IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3.; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider proposed ordinance awarding the third renewal of the annual janitorial cleaning services contract. ORDINANCE NO. 10,834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF J.R.R. SERVICE CLEANING FOR THE ANNUAL JANITORIAL CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FOUR THOUSAND ONE HUNDRED SEVENTY-SIX AND 92/100 DOLLARS ($74,176.92); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed ordinance awarding the second renewal of the annual mowing, edging and trimming services contract. ORDINANCE NO. 10,835 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT SMITH MOWING AND TRUGREEN Page 16 of 18 Minutes of the Regular Meeting—February 14, 2008 LANDCARE FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETY-SIX THOUSAND FOUR AND 27/100 ($196,004.27); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving an interlocal agreement with the Baytown Municipal Development District for land acquisition for new thoroughfares. ORDINANCE NO. 10,836 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 LAND ACQUISITION FOR NEW THOROUGHFARES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution appointing the election officials for the May 10, 2008, general and special elections. RESOLUTION NO. 1916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING THE ELECTION OFFICIALS AND THE ALTERNATE PRESIDING JUDGE FOR THE CENTRAL COUNTING STATION FOR THE GENERAL AND SPECIAL ELECTIONS OF THE CITY OF BAYTOWN, TEXAS, TO BE HELD ON MAY 10, 2008; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Confirmation of Appointment of the Director of Planning & Development Services Consider confirmation of appointment of the Director of Planning & Development Services. City Manager Brumback stated that Ms. Kay “Kelly” Carpenter of El Paso had accepted a job offer as Director of Planning and Development Services and asked the City Council to confirm the appointment. Council Member Mahan moved that Ms. Carpenter be confirmed. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. Confirmation of Appointments to the Citizen's Bond Advisory Committee. Page 17 of 18 Minutes of the Regular Meeting—February 14, 2008 Consider confirmation of the appointments to the Citizen's Bond Advisory Committee for the 2007 General Obligation Bond program. Council Member Murray moved that the appointments to the Citizen’s Bond Advisory Committee for the 2007 General Obligation Bond program be confirmed. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. No executive session was held. MANAGER'S REPORT Update on Lakeview Terrace Apartments. City Manager Brumback gave an update on the demolition work at Lakeview Terrace Apartments and showed pictures of the demolition. Report on 2001 and 2101 West Texas Avenue. City Manager Brumback gave an update on the property at 2001 and 2101 West Texas Avenue. City Council Visioning Retreat. City Manager Brumback reminded City Council of the Visioning Retreat scheduled for March 1, 2008. City Manager Brumback informed the City Council that the City had begun taking credit cards at the Utility Billing Office. MasterCard, Visa and Discover cards are being accepted. City Manager Brumback also informed the City Council that the City of Baytown had received a Gold Award at the recent United Way celebration. ADJOURN Page 18 of 18 Minutes of the Regular Meeting—February 14, 2008 Council Member Mahan moved that the meeting be adjourned. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 9:15 p.m. ________________________________ Kelvin Knauf, Interim City Clerk