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2008 02 28 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 28, 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 6:30 with a quorum present. Councilmember Sheley led the Pledge of Allegiance and prayer. MINUTES Consider Approval of Minutes of the February 14, 2008 Work Session and Regular Meeting. Councilmember Capetillo moved to approve the minutes as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Accept Donation from ExxonMobil for the Eddie V. Gray Wetlands Center and the Baytown Nature Center. The Proposed Resolution accepts a $60,000 contribution from ExxonMobil supporting the Baytown Nature Center’s Environmental Education Programs and the Eddie V. Gray Wetlands Education and Recreation Center’s Wetlands Ecology Program. Each program will receive $30,000 to help provide education on the importance of ecology in Baytown. The Baytown Nature Center’s Environmental Education Program covers the annual cost to fund the BNC Naturalist (John Mason), the BNC Intern (Jessica Harrell), Tyke Hike, Senior Stroll, educational supplies, and interpretive signs. This is the sixth year of the funding of this program. Naturalist John Mason provides an educational presence at the BNC and has provided informative Page 2 of 18 Minutes of the Regular Meeting—February 28, 2008 talks to several volunteer groups including safety presentations on venomous snakes and insects to industry and city departments. He has also arranged several volunteer and Boy Scout projects at the BNC. Mr. Mason and Ms. Harrell also help with the 5th Grader program at the Nature Center. The Eddie V. Gray Wetlands Education and Recreation Center’s Wetlands Ecology Program covers the annual cost to fund the 5th Grader Program including personnel costs and educational supplies. The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall’s “Wetlands Ecology Trail”. The City has just completed the ninth year of the 5th Grader Program at the Wetlands Center. Every 5th grader in the Goose Creek CISD visits the Wetlands Center each year. During the morning session the youth are taught all about the wetlands and their benefits. After lunch the youth are bussed to the Baytown Nature Center where they are able to see in real life what they learned at the Wetlands Center. Mayor DonCarlos took the item out of its order on the agenda to accept a donation from ExxonMobil for the Eddie V. Gray Wetlands Center and the Baytown Nature Center. City Manager Brumback introduced representatives from the ExxonMobil to present a check to the city of Baytown for $60,000 for the Nature Center and the Wetlands Center. Connie Tilton of ExxonMobil Corporation spoke about how proud ExxonMobil is to give their donation to the City. Mayor DonCarlos stated that the kids of Baytown will benefit from the award. Councilmember Mahan commented on the work being done at the Nature Center. Council Member Mahan moved that the ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Sheley and Yepez Mayor DonCarlos Nays: None Abstentions: Council Member Murray (conflict of interest affidavit filed) The motion carried. RESOLUTION NO. 1917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXONMOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE CENTER’S ENVIRONMENTAL EDUCATION PROGRAMS AND THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER’S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CITIZENS COMMUNICATIONS AND RECOGNITIONS Welcome New Police Officers (2) City Manager Brumback introduced two new police officers and gave a biography of each. Officer Aaron Corrales II and Officer Brian Treille recently graduated from the Houston Community College Police Academy and have begun their training as Baytown Police officers. Page 3 of 18 Minutes of the Regular Meeting—February 28, 2008 Presentation of Awards to the City of Baytown and Councilman Sheley. Mayor DonCarlos informed the council that the city had received an award from the Texas Municipal League education institute for supporting elected officials training. Mayor DonCarlos also presented a plaque from the Texas Municipal League education institute to Councilman Sheley for his attendance at educational seminars for more than ten consecutive years. The mayor also stated that Councilman Sheley is past president of the Association of Mayors and City Councilmembers. Citizen Communication--Ken Williamson Ken Williamson spoke to the Council about west Texas Avenue and the oak tree. He stated that the oak tree is not a $300,000 dollar job; it needs some prettying up but is not worth spending $200,000 on the roads. Mayor DonCarlos stated that the city is also doing some drainage improvements under Texas Avenue as part of the cost of the project, which is a significant cost, and trying to be careful around the oak tree so as not to kill it. No action was taken by the City Council. Citizen Communication—Eugene Kashpureff Eugene Kashpureff introduced his family and spoke to the council about the fleet at Bayland Marina where he has a vessel. His vessel is somewhat trapped due to lack of dredging at the marina. He said that the marina is a wonderful resource for the City of Baytown but that there were serious customer service problems at Bayland Marina. He would like to see the locks cut off the electrical boxes to his boat slips and wants access to the sewage pump out to his boat. He suggested that the City should maintain the property and consider operating the property. Councilmember Mahan asked if all his vessels were chained. Mr. Kashpureff replied that his slips were chained by another vessel. Linda Tanner spoke to the council and stated that other people have been happy with the way the marina is run. She said that a majority of the people at the marina have a different view than Mr. Kashpureff. Chester Palma stated that Bayland Island marina is best marina he has ever lived at; it has the best docks. Douglas Parson spoke and said that Mr. Kashpureff was giving a smoke screen and Mr. Parson has no problem with the management of the marina. The management is top notch people. Martin Tidewell spoke that up until recently there has been no problems at the marina. Eugene has been reasonably polite to him—recently things have gotten a little strange. Hasn’t seen anything but there are rules, common courtesy rules. Mayor DonCarlos said he met with Mr. Kashpureff and his family. The Mayor confirmed that administration has reviewed and responded to the allegations that, from a legal aspect, we should respond to. Mayor DonCarlos asked City Manager Brumback if the restroom project is completed and Mr. Brumback stated the restroom project is completed. No action was taken by the City Council. Page 4 of 18 Minutes of the Regular Meeting—February 28, 2008 PROPOSED ORDINANCES Construction Contract for Kilgore Road and Bob Smith Road Reconstruction -2001 Street Bond Program Phase IV Project The Proposed Ordinance awards a construction contract in the amount of $3,421,472.45 to Angel Brothers Enterprises LTD., for the Kilgore Road and Bob Smith Road Reconstruction - 2001 Street Bond Program Phase IV Project. The bids included a base bid for asphalt pavement and an alternate bid for concrete pavement. The recommendation is that a contract be awarded based on the alternate bid of concrete pavement. The scope of work includes replacing the pavement on these streets to address the base failure and cracking along the alignments. In addition, each storm sewer, sanitary sewer, and water line crossing under these streets will be replaced due to the age and to prevent future pavement cuts. Both roads will be changed to one-way traffic during construction. The estimated construction cost for asphalt pavement was $4,234,000 and for concrete pavement was $5,022,000. Four bids were received at the bid opening on February 12, 2008 at 10:30 a.m. in the Council Chambers. The bid tab and letter of recommendation from the engineer are attached. The construction duration is 240 calendar days. Funds are available for this project from the 2001 General Obligation bond program ($2,277,972), Water and Sewer Fund ($918,500) and 2001 Drainage bonds – Regional ($225,000). Council Member Mahan moved that the ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,387 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 ANGEL BROTHERS ENTERPRISES LTD. FOR THE KILGORE ROAD AND BOB SMITH ROAD RECONSTRUCTION – 201 STREET BOND PROGRAM PHASE IV PROJECT; AUTHORIZING PAYMENT OF A SUM OF THREE MILLION FOUR HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED SEVENTY-TWO AND 45/100 DOLLARS ($3,421,472.45); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THEEFFECTIVE DATE THEREOF. Award Construction Contract for the Baytown Fire Fighter’s Memorial Council approved the plans and specifications for the construction of the Baytown Fire Fighters Memorial and authorized advertising for bids at the August 23, 2007 Council meeting. A pre-bid conference held on October 26, 2007 and bids were opened on November 8th. The city received three bids with the low bid coming from Teamwork Construction Services, Inc. for $209,766.25. Our consultant, Jamie Hendrixson of Clark Condon and Associates has reviewed the bids and has developed a deduct change-order to reduce the cost from the low bidder. Clark Condon recommends the award of the bid and execution of a deduct change-order to Teamwork Construction Services, Inc. for a net of $170,846.25. The revised contract is 13% above the Page 5 of 18 Minutes of the Regular Meeting—February 28, 2008 architect’s estimate of $150,000. This project is funded by several sources. The Baytown Life Safety Foundation has conducted a fund-raising campaign in cooperation with the Baytown Professional Firefighters Association and has raised over $80,000. The Parks Department budget includes $24,000 for a connecting trail in Bicentennial Park that will be constructed under this contract. There is approximately $2,000 in previously allocated General Funds available. The remaining $46,000 will be advanced by the CIPF for repayment through continued fund-raising. The sculpture was previously completed by artist Edd Hayes. It has been displayed previously at the Houston Rodeo and is ready for installation when the plaza is complete. Construction is expected to begin in March and the contract allows 90 days for completion. A ground breaking ceremony is planned for March 6th at 5:30 pm in Bicentennial Park. Dedication is targeted for Memorial Day. Fire Chief Shon Blake gave a summary of the project for the firefighter memorial and the th groundbreaking is for March 6 at 5:45 pm at Bicentennial Park. Chief Blake acknowledged the contributions of others for the project. Mark Medrano, President of the International Fire Fighters Association Local 1113 thanked the City Council and Bob Leiper for their contribution. Council Member Mahan moved that the ordinance be approved. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,838 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 TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE BAYTOWN FIRE FIGHTERS MEMORIAL PROJECT; AUTHORIZING CHANGE ORDER NO. 1 FOR SUCH PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED SEVENTY THROUSAND EIGHT HUNDRED FORTY-SIX AND 25/100 DOLLARS ($170,846.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Second Reading – Chambers Co. MUD #1 Limited Purpose Annexation The proposed ordinance is for the second reading of the ordinance annexing property for a limited purpose currently within the extra-territorial jurisdiction of the City of Baytown and being described as: 1. a 90.2384-acre Tract north of Needle Point Road, east of SH 146 and South of I-10, also known as Tract One of Chambers County Municipal Utility District No. 1; 2. approximately a 500 foot strip of land adjacent to the eastern right-of-way line of SH 146 and being a part of 150.5783-acre tract of land located south of Abbe Subdivision, north of Wallace Road and east of SH 146. Such 150.5783-acre tract being also know as Tract 3 of the Chambers County Municipal Utility District No. 1; and Page 6 of 18 Minutes of the Regular Meeting—February 28, 2008 3. approximately a 500 foot strip of land adjacent to the western right-of-way line of SH 146 and being a part of a 31.5718-acre tract of land located south of Lynnwood Subdivision, north of Union Pacific Railroad and west of SH 146. Such 31.5718-acre tract being also know as Tract 4 of the Chambers County Municipal Utility District No. 1. City Council conducted the first public hearing for this annexation on the 19th day of November, 2007 with said notice being published in the October 29, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on October 26, 2007. City Council conducted the second public hearing for this annexation on the 13th day of December, 2007 with said notice being published in the November 21, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on November 21, 2007. Mayor DonCarlos introduced the proposed ordinance for a limited purpose annexation of Chambers County Municipal Utility District #1. City Manager Brumback gave a summary of the annexation and stated that sales taxes would be generated for the City and recommended approval. Mayor DonCarlos asked if all ordinances would apply to the annexed area and staff responded no. Council Member Caskey moved that the ordinance be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. PROPOSED ORDINANCE NO. 10,798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, FOR A LIMITED PURPOSE ONLY TO INCLUDE (1) A 90.2384-ACRE TRACT NORTH OF NEEDLEPOINT ROAD, EAST OF SH 146 AND SOUTH OF I-10, ALSO KNOWN AS TRACT ONE OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (II) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE EASTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF 150.5783-ACRE TRACT OF LAND LOCATED SOUTH OF ABBE SUBDIVISION, NORTH OF WALLACE ROAD AND EAST OF SH 146 AND WHICH SUCH 150.5783-ACRE TRACT BEING ALSO KNOWN AS TRACT 3 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND (III) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE WESTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF A 31.5718-ACRE TRACT OF LAND LOCATED SOUTH OF LYNNWOOD SUBDIVISION, NORTH OF UNION PACIFIC RAILROAD AND WEST OF SH 146 AND WHICH SUCH 31.5718-ACRE TRACT BEING ALSO KNOWN AS TRACT 4 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS Adding the Limited Purpose Annexation to Council District 5 The Proposed Ordinance places the property described as: Page 7 of 18 Minutes of the Regular Meeting—February 28, 2008 1. A 90.2384-acre Tract north of Needle Point Road, east of SH 146 and South of I-10, also known as Tract One of Chambers County Municipal Utility District No. 1 2. Approximately a 500 foot strip of land adjacent to the eastern right-of-way line of SH 146 and being a part of 150.5783-acre tract of land located south of Abbe Subdivision, north of Wallace Road and east of SH 146. Such 150.5783-acre tract being also know as Tract 3 of the Chambers County Municipal Utility District No. 1 3. Approximately a 500 foot strip of land adjacent to the western right-of-way line of SH 146 and being a part of a 31.5718-acre tract of land located south of Lynnwood Subdivision, north of Union Pacific Railroad and west of SH 146. Such 31.5718-acre tract being also know as Tract 4 of the Chambers County Municipal Utility District No. 1 and annexed into the City of Baytown for a limited purpose into Council District 5. The property is proposed to be developed commercially; however, should there be any residents, such residents will be able to vote in the election or recall of council members and in charter elections. Council Member Caskey moved that the ordinance be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ADDING (1) A 90.2384-ACRE TRACT NORTH OF NEEDLEPOINT ROAD, EAST OF SH 146 AND SOUTH OF I-10, ALSO KNOWN AS TRACT ONE OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (II) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE EASTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF 150.5783-ACRE TRACT OF LAND LOCATED SOUTH OF ABBE SUBDIVISION, NORTH OF WALLACE ROAD AND EAST OF SH 146 AND WHICH SUCH 150.5783-ACRE TRACT BEING ALSO KNOWN AS TRACT 3 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND (III) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE WESTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF A 31.5718-ACRE TRACT OF LAND LOCATED SOUTH OF LYNNWOOD SUBDIVISION, NORTH OF UNION PACIFIC RAILROAD AND WEST OF SH 146 AND WHICH SUCH 31.5718-ACRE TRACT BEING ALSO KNOWN AS TRACT 4 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Proposed Garage Sale Ordinance The proposed ordinance amends Chapter 82 “Secondhand Goods” of the Code of Ordinances, City of Baytown, Texas, by adding an article to be numbered and entitled Article IV “Garage Sales” to require permits for conducting garage sales within the city. Under the proposed ordinance, garage Page 8 of 18 Minutes of the Regular Meeting—February 28, 2008 sales permits costing $5.00 will be issued to a person or location only once within a six-month period. Each permit shall be valid for no more than three consecutive days or two days within an eight-day period. The permit shall be prominently displayed during the permitted sale. Should a garage sale permitee wish to erect signs, such permitee must obtain a garage sale sign permit, costing $5.00 and requiring a $25.00 deposit. The deposit will be returned to the permitee if the signs are timely removed. A garage sale sign permit will allow a maximum of seven signs to be erected in a public place for no more than four days. Any signs placed in the public rights-of- way shall conform to the requirements of the city’s temporary use directional signs. The garage sale signs shall include, at a minimum, the garage sale sign permit number and the sign number. All permitted signs must be removed on the last day of the permitted garage sale. The proposed order exempts sales (i) pursuant to an order of a court, (ii) conducted in accordance with the powers and duties of a public official; (iii) sales of personal property, which are specifically named in an advertisement and do not exceed five in number; and (iv) generally those on commercial property. If a garage sale is not held due to inclement weather, another permit may be issued by the city for another garage sale to be held within 30 days from the date of the canceled sale. Mayor DonCarlos read the summary of the agenda item. City Manager Brumback stated that the ordinance had been before the City Council previously and staff had modified the previously proposed ordinance to meet the City Council’s direction. The City Manager recommended approval of the ordinance. Councilmember Mahan moved that the ordinance be approved. Councilmember Capetillo seconded the motion. Councilmember Capetillo stated that it was a good ordinance and captured the intent on garage sale; the intent is to target habitual garage sales, weekend after weekend. Councilmember Capetillo asked that the $5.00 permit fee be $0.00 and have the permits available either in person, by telephone or online. As written, the ordinance would put a lot of work on the staff and he would like to try to do as much online or call in. Councilmember Capetillo asked how quickly people would get their deposit back and he would like to allow putting the signs out with a permit number on the sign. If sign does not have valid permit number then staff could take the sign up and assess a $25.00 fine. Councilmember Mahan said citizens could come into city hall and get a permit; the staff needs an identification picture before issuing the permit, and he doesn’t think $5.00 is going to make or break anyone. Councilmember Capetillo said he wanted to make it very accessible to the general public and asked if staff could make the permit application available online; he hated to put more work load on staff. Councilmember Murray asked that, if in lieu of the deposit, the $25.00 could be the fine. He also asked how someone could register online and have an identification picture— very few people have a scanner to provide an identification picture. Councilmember Sheley stated that Council had been conscious in recovering the cost of government and that issuing a permit is not a five minute process. He also asked how long the process would take. Chief Building Official Kevin Byal stated that he estimated it would be a ten minute process and he anticipates putting a small sticker on each sign. City Manager Brumback stated that staff can handle the process; he is looking for a policy discussion. He also said that the $5.00 permit fee is not a revenue stream for the City, that it is to offset some of the cost of the program while keeping it affordable to the community. Mayor DonCarlos echoed the idea of Page 9 of 18 Minutes of the Regular Meeting—February 28, 2008 making it as easy for staff as possible and that $5.00 is not an outrageous fee. The ordinance seems pretty reasonable to him and if it becomes a big problem, the City Council can revisit it. Councilmember Murray clarified that the City is not issuing signs but issuing stickers to put on the signs. Councilmember Caskey asked if a citizen doesn’t remove the signs after the garage sale or if the citizen doesn’t have correct information on the sign, if they will get their deposit back. The response was no, their deposit would not be returned. Reba Eichelberger spoke against the ordinance, expressing concern that some individuals may not have $5.00 and that is why they are having the garage sale. She also said that Baytown has been here a long time without a garage ordinance and would like to know the need for it. Ms. Eichelberger asked council to reconsider adopting the ordinance and suggested having a committee to meet with people interested in beautification and garage sales. Mayor DonCarlos stated that the proposed ordinance had been discussed and the current version is the fairest the Council can come up with. He said that the City is trying to make the community more attractive and livable, and that the proposed garage sale ordinance is not a burdensome ordinance and we have to start somewhere. Councilmember Capetillo stated the City has to start making these rules and they will affect everyone; it is a fair and reasonable ordinance. He further stated that professional garage sales disrupt the neighborhood. There being a motion to adopt the ordinance and a second to the motion, Mayor DonCarlos called for the vote. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,840 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 82 “SECONDHAND GOODS” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING AN ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE IV “GARAGE SALES” TO REQUIRE PERMITS FOR CONDUCTING GARAGE SALES WITHIN THE CITY; PRESCRIBING A MAXIMIUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Bayou Bowl contract with the Baytown Chamber of Commerce The 2008 Bayou Bowl will be held at Stallworth Stadium on June 8, 2008. In the past, the City has contracted with the Baytown Chamber of Commerce for tourism-related services to increase out- of-town attendance at the game and to promote other attractions in Baytown to lengthen visitors' stays. The request of $55,000 is the same as the 2007 level of funding. City Manager Brumback introduced Tracey Wheeler, Executive Director of the Baytown Chamber of Commerce, and asked her to summarize the proposed Bayou Bowl contract. Ms. Wheeler Page 10 of 18 Minutes of the Regular Meeting—February 28, 2008 stated that the 2007 Bayou Bowl was a huge success. Many events were conducted in association with last year’s Bayou Bowl. She went on to state that the Bayou Bowl has an economic impact of more than $500,000 to the community and the city of Baytown receives unlimited publicity because of the event. The event is televised by Fox Sports Network and the NFL network. Ms. Wheeler stated that the request of $50,000, which is the same as received last year, is needed to pay for advertising the Bayou Bowl. Council Member Murray moved that the ordinance be approved. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES WITH THE BAYOU BOWL ASSOCIATION FOR THE 2008 BAYOU BOWL; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Request for Tourism Funding for the 2008 O’Reilly Spring Nationals The Baytown Chamber of Commerce, in conjunction with Houston Raceway Park and the NHRA, are planning to sponsor the Hot Rod Rally on the Wednesday evening prior to the 2008 O'Reilly Spring Nationals, March 28 - 30. In 2007, the City Council authorized a $75,000 agreement with the Baytown Chamber of Commerce for tourism-related services in conjunction with the 20th anniversary of Houston Raceway Park in Baytown and the 1st annual Hot Rod Rally. The Chamber of Commerce has requested a contract for up to $50,000 for Baytown promotional services related to the Hot Road Rally in particular and the Spring Nationals in general to generate additional visitors and to lengthen their stay in Baytown. City Manager Brumback asked Tracey Wheeler, Executive Director of the Baytown Chamber of Commerce to summarize the request. Ms. Wheeler summarized the activities and advertising for the O’Reilly Spring Nationals taken last year. She stated that it was an extremely well received event. Ms. Wheeler stated that the Chamber of Commerce is hoping to expand the events by two nights that would include a hot rod rally, community reception at the raceway park, and a series of “grudge” races between area officials. The Baytown Chamber of Commerce also will be encouraging businesses around the community to put up “welcome racing” décor during race week as a competition between businesses. Mayor DonCarlos stated that this is not a request simply to advertise the raceway park but to advertise the community. Ms Wheeler confirmed that the advertising would include Baytown. Councilmember Capetillo asked about the amount being requested. Ms Wheeler said that this request would be an amendment to the current contract of $50,000. Councilmember Mahan commented that this year’s O’Reilly Spring Nationals would have a new feature that would show races during the event. Page 11 of 18 Minutes of the Regular Meeting—February 28, 2008 Council Member Mahan moved that the ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR PROMOTIONAL AND TOURIST SERVICES FOR THE 2008 O’REILLY SPRING NATIONAL RACE WITH THE BAYTOWN CHAMBER OF COMMERCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Authorize a Settlement Regarding the Design, Construction and Construction Oversight of the Emergency Operations Center. City Manager Brumback stated that the item was not ready. No action was taken. Authorize Settlement of Lowell v. City of Baytown City Manager Brumback stated that the item was not ready. No action was taken. PROPOSED RESOLUTIONS Authorize Proceedings in Eminent Domain for Lift Station Site and Easement needed for the Gulf Coast Lift Station Project The lift station site and easement is necessary in order for the City to construct a new sanitary sewer lift station and associated sewer lines and force mains necessary to interconnect to the existing system. The City has been working with the owner to obtain the necessary deed and easement for approximately six months, but such efforts have been unsuccessful even though the City has agreed to move the location of the lift station site at an increased cost to the City. Unfortunately, even with this change in site as requested by the owner, the owner and the lien holder have not signed the deed and easement. As such, this proposed resolution allows the City Attorney to take actions necessary to acquire the lift station site and easement as originally proposed by the City, not as requested by the owner, if we are able to resolve the alternate site quickly. The Proposed Resolution authorizes the City Attorney to take actions necessary to acquire a lift station site and an associated easement for the Gulf Coast Lift Station Project from San Jacinto Rehabilitation, Inc., and its lien holder Texas First Bank through proceedings in eminent domain. City Manager Brumback stated that a lift station site is necessary and a current land purchase negotiation for the lift station site seems to be stalled. The city manager requested that he be Page 12 of 18 Minutes of the Regular Meeting—February 28, 2008 authorized to take actions necessary to get the project going and recommended approval of the proposed resolution. Councilmember Mahan asked if any one is protesting the lift station. City Attorney Ignacio Ramirez, Sr. stated that the staff was dealing with the property owner but the owner said he needed to get a release from the bank and the release was never forthcoming. He further stated that this agenda item would allow staff to start condemnation if it becomes necessary. Councilmember Murray asked which site we were taking the action on. Deputy City Manager Bob Leiper stated that it is Site Option 1. Council Member Capetillo moved that the resolution be approved. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY TO ACQUIRE A LIFT STATION SITE AND AN ASSOCIATED EASEMENT FOR THE GULF COAST LIFT STATION PROJECT FROM SAN JACINTO REHABILITATION, INC., AND ITS LIENHOLDER TEXAS FIRST BANK THROUGH PROCEEDINGS IN EMINENT DOMAIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Consider 2007-08 Legislative Agenda The City staff has been notified by Congressman Ted Poe that the deadline for Congressmen to submit their requests to the Appropriations Committee is March 19th. Congressmen Poe and Green are requesting that constituents submit their requests for federal funding to their offices by Friday, February 29th. City Manager Brumback stated that Congressman Poe’s office contacted the staff last week and said that our deadline for requests to them for federal funding was tomorrow \[February 29, 2008\]. Staff recommended that five items be submitted for funding:  Hwy 146/Spur 330 – Flyover #3 $10.1 million  EPA Superfund Clean-up –Dioxin Support for Clean-up Design Funding  Downtown Areas Redevelopment $ 1 million  Emergency management infrastructure $ 5 million  Wastewater infrastructure $ 1 million Mayor DonCarlos stated that he had talked about pressing Congress for emergency funding for getting the dioxin out from under the San Jacinto River and building berms to keep the dioxin from leaching into the water. Deputy City Manager Bob Leiper said the request for Superfund Page 13 of 18 Minutes of the Regular Meeting—February 28, 2008 cleanup included taking immediate containment measures. Mayor DonCarlos stated we cannot wait 15 years to remediate the site. Mr. Leiper stated the federal government will not fund anything without a preliminary design. Councilmember Mahan asked if the City loses grant funds because of paperwork. Mr. Leiper stated that for the Texas Avenue Streetscape project, we had requested $1 million and received $750,000. Mayor DonCarlos stated that because the previous request was through the Texas Department of Transportation, we lost funds due to administrative expenses. Councilmember Sheley recommended that the request for downtown areas redevelopment be increased to $2.5 million and asked Terry McDaniel to speak on the downtown development. Councilmember Sheley asked if the $2.5 million would finish the downtown area development. City Manager Brumback stated that the request was a different scope than previously. Mr. McDaniel said that $2.5 million would complete five blocks downtown. Councilmember Murray said that the President stated he would veto this kind of funding. He added that the citizens of Baytown voted down spending $2.5 million of tax money on downtown and this (federal funding) was also our tax money and we are asking the federal government to do something that our citizens voted down. Councilmember Brumback stated that the proposed item was an expanded notion of downtown and not what was done previously. Councilmember Yepez asked if there was something specific allocated; she added that when people say downtown they think of Texas Avenue and not Market Street or Alexander Drive and she wanted to make sure there were specific areas of Market Street these funds would apply to. Mr. Brumback explained that this funding cannot be used to supplant city funds; it would be predominately for infrastructure projects with some streetscape. Council engaged in extensive discussion regarding the requested funding. The following items were decided upon as a legislative agenda: 1. Hwy 146/Spur 330 – Flyover #3 $10.1 million 2. EPA Superfund Clean-up Dioxin Support for clean-up Design Funding 3. (Texas/Market/Alexander) Downtown $ 1 million Areas Redevelopment 4. Texas Avenue Downtown Streetscape $ 2.5 million 5. Emergency Management Infrastructure $ 5 million 6. Wastewater Infrastructure $ 1 million Councilmember Sheley pointed out that the downtown (Texas Avenue) area already had plans designed. Councilmember Yepez said she wanted clarification of the project and area affected. Councilmember Sheley moved to leave item 3 as Downtown Areas Redevelopment. The motion died for lack of a second. Councilmember Capetillo moved to take the word “Texas” out of item 3 and leave Texas Avenue Downtown Streetscape. Councilmember Mahan seconded the motion. Councilmember Murray made a request to amend the motion and vote on each item separately with 1,2,3,5, and 6 taken together and vote on 4 separately. Councilmember Capetillo accepted the amendment and Councilmember Mahan accepted the amendment. The vote is as follows: approve items 1, 2, 3 (without Texas Avenue), 5 and 6: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Yepez Mayor DonCarlos Page 14 of 18 Minutes of the Regular Meeting—February 28, 2008 Nays: Council Member Sheley The motion carried The vote to approve item 4 was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Sheley and Yepez Mayor DonCarlos Nays: Council Member Murray The motion carried. REPORTS 2007 Racial Profiling Report The Texas Legislature enacted laws effective 09/01/01 making the practice of racial profiling illegal. The law mandated that all police agencies develop a policy prohibiting the practice of racial profiling and implement a process by which persons could file complaints on officers whom they believe have engaged in racial profiling. The Racial Profiling law further requires agencies collect data and subsequently make annual reports to their governing body on the data collected. Acting Police Chief Keith Dougherty reviewed the annual racial profiling report and the requirements for the information required to be collected. He showed a variety of graphs related to the racial profiling report. He stated that Baytown Police Department had received one racial profiling complaint, which was dismissed in court. City Council accepted the report with no action taken. CONSENT Council Member Sheley moved that the Consent Agenda be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Joint Election Agreement with GCCISD and Lee College ORDINANCE NO. 10,843 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE LEE COLLEGE TH DISTRICT FOR THE GENERAL AND SPECIAL ELECTIONS TO BE HELD ON THE 10 DAY OF MAY, 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 18 Minutes of the Regular Meeting—February 28, 2008 Interlocal Agreement with GCCISD for Limited Inspection Services ORDINANCE NO. 10,844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING INTERLOCAL AGREEMENTS WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LIMITED INSPECTION SERVICES CONCERNING THE STALLWORTH STADIUM PRESS BOX AND FOR LIMITED INSPECTION SERVICESS CONCERNING THE AGRICULTURAL BARN LOCATED AT 8312 JOHN MARTIN, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Award of the Repair of the James Street Water Well ORDINANCE NO. 10,845 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 WEISINGER WATER WELL, INC., FOR THE JAMES STREET WATER WELL REPAIR PROJECT; AUTHORIZING PAYMNET OF A SUM OF TWO HUNDRED NIETEEN THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($219,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Authorize Sole Source of Zoll Medical Equipment for EMS ORDINANCE NO. 10,846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMNET OF THE SUM OF SIXTY-FOUR THOUSAND NINE HUNDRED FIFTY-TWO AND 30/100 DOLLARS ($64,952.30) TO ZOLL MEDICAL CORPORATION FOR THE PURCHASE OF TWO (2) ZOLL ECG MONITORS AND TEN (10) PUBLIC ACCESS AUTOMATIC EXTERNAL DEFIBRILLATORS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution – SETH Multifamily Housing Revenue Bonds (Mansions at Moses lake) RESOLUTION NO. 1919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF THE CITY OF BAYTOWN RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (MANSIONS AT MOSES LAKE APARTMENTS): AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 18 Minutes of the Regular Meeting—February 28, 2008 IDA with GE Water & Process Technologies ORDINANCE NO. 10,847 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYUOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH GE WATER & PROCESS TECHNOLOGIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Streetlights The Proposed Ordinance approves the installation of street lights. CenterPoint Energy issued 131 streetlight allowances to the City of Baytown for no-cost installations in calendar year 2008. The City is required to pay the operating costs after installation. The City has not used any of its allowances for this year. The Planning & Zoning Commission (P&Z) recommended that City Council consider the installation of twelve (12) streetlights at the following locations:  7 streetlights on the west side of Garth Road between Interstate 10 and Wallisville Road  906 East Baker  1007 E. Baker  510 Briarwood Drive  3110 Ferry Road  3142 Ferry Road ORDINANCE NO. 10,848 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. APPOINTMENTS Appointment to Library Board The Baytown Library Board is a seven member board of qualified voters and residents appointed by the City Manager with Council approval. Members shall serve two year terms with four (4) members being appointed in odd numbered years and three (3) members being appointed during even numbered years. Members may not serve more than three (3) consecutive two-year terms. The following members’ terms will expire on March 1, 2008: Steffani Box, Ruben Linares, and Madeleine Crespo. Steffani Box, Ruben Linares, and Madeleine Crespo are eligible for reappointment and desire to continue to serve on this Board for the March 1, 2008 through March 1, 2010 term. Council Member Sheley moved that the current board members be re-appointed. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Page 17 of 18 Minutes of the Regular Meeting—February 28, 2008 Nays: None The motion carried. Urban Rehabilitation Standards Review Board The Urban Rehabilitation Standards Review Board is a seven member board appointed by Council. It is composed of a registered architect or registered engineer, a mortgage loan banker, a building contractor, a social or welfare worker, and three (3) citizens known to have an interest in public affairs. Ex officio members include the director of public health of the city, fire marshal, and chief building inspector. Members serve two year terms and meet on the first Monday of each month at 3:00 p.m. The following members’ terms will expire on March 1, 2008: Tom Hard, Interested Citizen; Porter Flewellen, Interested Citizen; and David Mohlman, Social or Welfare Worker. Tom Hard, Porter Flewellen, and David Mohlman are eligible for reappointment and desire to serve on this Board for the March 1, 2008 through March 1, 2010 term. Council Member Mahan moved that the ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, 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. City Council convened into Executive Session at 8:52 PM to discuss land acquisition. City Council re-convened into open session at 9:16 PM with Mayor DonCarlos announcing that no action had been taken in Executive Session. MANAGER'S REPORT 2007 Year in Review Report. City Manager Brumback gave a review of the 2007 Year in Review report and briefly mentioned some of the highlights and encouraged Council to look through the report. He stated that he was very proud to be part of the city because of the accomplishments listed in the report. Page 18 of 18 Minutes of the Regular Meeting—February 28, 2008 Roseland Park Spray Park Opens for the Summer Season. The City of Baytown Parks and Recreation Department announces that the Roseland Spray Park will open for the 2008 Summer Season on Saturday, March 8, 2008 at 10:00 a.m. rdth July 3 and 4 Schedule. The Parks and Recreation Department is proud to announce the schedule and entertainment line up for this year's 3rd and 4th of July Celebration. Parks and Recreation Director Scott Johnson showed a Power Point presentation on the proposed activities. ADJOURN 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 9:24 p.m. ________________________________ Kelvin Knauf, Interim City Clerk