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2006 10 23 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 23, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on October 23, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Lynn Caskey Council Member Don Murray Council Member Stephen H. DonCarlos Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Member Mercedes Renteria III and Council Member Scott Sheley were absent. The meeting was opened with a quorum present. Consider approval of the minutes for the Work Session and the Regular Session Meeting held on October 12, 2006. Council Member Mahan moved to approve the minutes. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray,Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Citizen Communication - Mr. Porter Flewellen has requested to address Council in order to follow-up on the petition of the citizens from the School Courts Subdivision for the closure of Center Street at Elvinta. Mr. Porter Flewellen, Block Caption for his neighborhood watch, explained that the neighborhood has problems with speeders, late night noise, and damage to mailboxes and fences from out of control cars. He has in the past requested speed bumps to minimize the problems in the neighborhood and was unsuccessful. He believes the Traffic Calming Policy does not meet the needs of Baytown as it does in larger cities. His neighborhood is made up of approximately 45 homes. Mr. Flewellen explained that the closing of Center Street does not present a safety hazard, is not cost prohibitive and meets the criteria for closure. Page 2 of 15 Minutes of the Special Session Meeting—October 23,2006 Discussion was had about the procedures of traffic calming. City Manager Jackson stated that the latest information from the traffic engineer has been received and justifies the closure of the road. The remaining steps were briefly discussed with Council. Staff will meet with Mr. Flewellen and neighborhood members to resolve this matter. Conduct Public Hearing at 6:40 P.M. to discuss the proposed ordinance amending the land use assumptions, the capital improvement plan and the impact fee for the City of Baytown and its extraterritorial jurisdiction. Mayor DonCarlos opened the public hearing at 6:48 p.m. City Manager Jackson explained that the proposed ordinance amends the land use assumptions, the capital improvement plan and the impact fee for the City of Baytown and its extraterritorial jurisdiction. This is one of requisite steps in the process necessary to update the land use assumptions, capital improvement plan, and impact fees pursuant to Chapter 395 of the Texas Local Government Code. The current total fee including water and sewer is $2243.46 per EDU and the maximum that could be charged is $3840.65. City Manager stated the recommendation is to remain at the current fee. With no one signing up to speak at this meeting, Mayor DonCarlos closed the Public Hearing at 6:50 p.m. Consider Proposed Ordinance No. 061023-1, approving the amendments of the land use assumptions and capital improvement plan and amending Chapter 114 "Sewer and Water Line Extensions," Article IV "Impact Fees," Section 114-99 "Impact fees; generally," subsection (b) of the Code of Ordinances, Baytown, Texas, to increase the maximum impact fee per service unit that can be assessed against new development for water and wastewater improvements and facilities attributable to the development. City Manager Jackson explained that this proposed ordinance approves the amendments of the land use assumptions and capital improvement plan and amending Chapter 114 "Sewer and Water Line Extensions," Article IV "Impact Fees," Section 114-99 "Impact fees; generally," subsection (b) of the Code of Ordinances, Baytown, Texas, to increase the maximum impact fee per service unit that can be assessed against new development for water and wastewater improvements and facilities attributable to the development. The proposed ordinance increases the maximum allowable impact fee but does not change the assessed impact fee. Staff does not propose or recommend any increase in the impact fee to be assessed. Council Member Caskey moved to approve the ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 3 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS," ARTICLE IV "IMPACT FEES," SECTION 114-99 "IMPACT FEES; GENERALLY," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-2, consenting to the transfer of the Baytown, Texas, Cable Television Franchise Agreement from Texas and Kansas City Cable Partners, L.P., to Houston TKCCP Holdings, LLC, and the change of control over Houston TKCCP Holdings, LLC,to Comcast TCP Holdings,Inc. City Manager Jackson explained that there was a presentation by representative from Comcast at the September 28, 2006 Work Session Meeting explaining the franchise assignment from Time Warner to Comcast. City Manager Jackson explained that this proposed ordinance consents to the transfer of the Baytown, Texas, Cable Television Franchise Agreement from Texas and Kansas City Cable Partners, L.P., d/b/a Time Warner ("Franchisee"), to Houston TKCCP Holdings, LLC, and the change of control over Houston TKCCP Holdings, LLC, to Comcast TCP Holdings, Inc. The cable system currently serving the portion of the City lying in Harris County and a part of Chambers County is co-owned by subsidiaries of Comcast Corporation and Time Warner, Inc. Each company holds an indirect 50% ownership interest in the Franchisee. Time Warner and Comcast have announced that Comcast will acquire Time Warner's ownership interest and become the sole owner of the cable system. Because of this proposed transfer, the Franchisee has submitted FCC Form 394 and related information concerning the transfer and has requested the City to consent to the same. To the extent allowed by law, the City has reviewed the legal, financial and technical qualifications of Houston TKCCP Holdings, LLC and Comcast TCP Holdings, Inc., and the potential impact of the transfer on subscriber rates and services. It is believed that the transfer will not adversely affect cable services to subscribers within the City of Baytown and will not be contrary to the public interest. With no further discussion Council Member Mahan moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray,Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 4 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE TRANSFER OF THE BAYTOWN, TEXAS, CABLE TELEVISION FRANCHISE AGREEMENT FROM TEXAS AND KANSAS CITY CABLE PARTNERS, L.P., TO HOUSTON TKCCP HOLDINGS, LLC, AND THE CHANGE OF CONTROL OVER HOUSTON TKCCP HOLDINGS, LLC, TO COMCAST TCP HOLDINGS, INC.; IMPOSING CERTAIN CONDITIONS FOR CONSENT; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-3, awarding a contract for final professional engineering design services for the East District WWTP Landfill Erosion Project. City Manager Jackson explained that this proposed ordinance awards a professional services contract to Terracon Consultants, Inc. (Terracon) in the amount of not to exceed $78,980 for final engineering design services associated with the East District WWTP Landfill Erosion Project. This project will include the design and construction of erosion protection along the banks of Cedar Bayou next to the East District Wastewater Treatment Plant. Terracon's services will include surveying Cedar Bayou and the preparation of plans and specifications along with permitting the project through the United States Army Corps of Engineers. They will also assist during bidding and provide the City with construction monitoring services. Compensation for basic services will not exceed $58,000. The project's reimbursable expenses shall not exceed $4,000 while additional services will not exceed$5,000. The surveying will not exceed $11,980. Therefore, the total contract amount is $78,980. Upon the issuance of a notice to proceed, Terracon is scheduled to complete the design in 120 calendar days. Selection of Terracon was approved by the A&E Committee on September 25, 2006. Funding for this design is from the General Fund CIPF. Discussion was had on erosion protection and the type of material used as well as the appearance of the project upon completion. With no further discussion Council Member Capetillo moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray,Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR FINAL ENGINEERING DESIGN SERVICES FOR THE EAST Page 5 of 15 Minutes of the Special Session Meeting—October 23,2006 DISTRICT WASTEWATER TREATMENT PLANT LANDFILL EROSION PROJECT; AUTHORIZING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED SEVENTY-EIGHT THOUSAND NINE HUNDRED EIGHTY AND NO/100 DOLLARS ($78,980.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-4, awarding a contract for preliminary and final professional engineering design services for the North Main/IH-10 Utility Project. City Manager Jackson explained that this proposed ordinance awards a professional services contract to Langford Engineering, Inc. (Langford) in the amount of not to exceed $557,042.25 for preliminary and final engineering design services associated with the North Main/IH-10 Utility Project. This project will include providing sanitary sewer services for the North Main area from Lynchburg - Cedar Bayou to Wallisville Road, including the new high school at the intersection of North Main and Wallisville. A regional-benefit sanitary sewer lift station will also be constructed on the north IH-10 feeder east of North Main. A 12-inch waterline will be installed along North Main from Lynchburg - Cedar Bayou north to connect to the existing line at IH-10. The installation of a water line north of I-10 to Wallisville Road is part of the ongoing BAWA waterline project. There will be two design/construction packages for this project. Contract One will be to provide sewer services north of IH-10 to ensure the new high school will have service at the time of the scheduled opening of Fall 2008. Contract Two will entail the sewer and waterline south of IH-10. Compensation for basic services will not exceed $427,042.25. The project's reimbursable expenses shall not exceed $15,000 while additional services will not exceed $5,000. The geotechnical, surveying, electrical and structural services shall not exceed $110,000. Therefore, the total contract amount is $557,042.25. Upon the issuance of a notice to proceed, Langford is scheduled to complete the design for Contract One by August 2007. Construction of Contract One is expected to be complete by August 2008. Contract Two is anticipated to be complete with construction by January 2009. The A&E Committee convened on October 19, 2006 approving Langford to perform the design work for this project. Funding for this design will come from the collection of impact fees. Brief discussion was had about the County road expansion at North Main-North. With no further discussion Council Member Mahan moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray,Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 6 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LANGFORD ENGINEERING, INC., FOR PRELIMINARY AND FINAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE NORTH MAIN/IH-10 UTILITY PROJECT; AUTHORIZING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED FIFTY-SEVEN THOUSAND FORTY-TWO AND 25/100 DOLLARS ($557,042.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-5, approving final payment and release of retainage to PM Construction, LP., and to accept the Lakewood Subdivision Phase I Sanitary Sewer Rehabilitation Project. City Manager Jackson explained that this proposed ordinance approves final payment of $253,664.68, releases retainage in the amount of$54,122.37 to PM Construction, LP., (PM) and accepts the Lakewood Subdivision Phase I Sanitary Sewer Rehabilitation Project. The original contract was awarded to PM for $1,204,426.25 with contract duration of 120 days. There were also adjustments in quantities, which resulted in the final contract amount being $1,082,447.45, which is a savings of 10 percent or $121,978.80. The contractor finished the project with satisfactory workmanship. This project was designed in-house by the Engineering Department and funded from 2006 TWDB Bonds. Brief discussion was had concerning the significant savings of$120,000. With no further discussion Council Member Capetillo moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE LAKEWOOD SUBDIVISION PHASE I SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THREE HUNDRED SEVEN THOUSAND SEVEN HUNDRED EIGHTY-SEVEN AND 05/100 DOLLARS ($307,787.05) TO PM CONSTRUCTION, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 15 Minutes of the Special Session Meeting—October 23,2006 Consider Proposed Ordinance No. 061023-6, approving release of retainage to Dan's Commercial Plumbing,LLC. and accepting the Water Service Relocation Project. City Manager Jackson explained that this proposed ordinance approves release of retainage in the amount of $5,255.50 to Dan's Commercial Plumbing, LLC and accepts the Water Service Relocation Project. The original contract was awarded to Dan's Commercial Plumbing for $52,175 with contract duration of 45 days. There were also adjustments in quantities, which resulted in the final contract amount being $52,555. Therefore, the contract amount was increased by $380. The contractor finished the project with satisfactory workmanship. The scope of work included the installation of new water service lines to reconnect residences to new main service lines along W. Jack, W. James, W. Murrill, W. Sterling, Polly Ave., Utah St., and N. Ashbel. This is an on-going project for the Public Works Utility Construction Department to install new water mains in older areas of the City, usually moving the lines to the front of the residences. Once the new main is complete, the Engineering Department solicits bids from licensed plumbers to shift the resident's service from the old main to the new main. The old water mains located in rear lot utility easements are then to be abandoned in place. The new mains offer better flows, fewer leaks, easier maintenance and enhanced fire protection. This project is being funded by the Water and Sewer Fund,Utility Construction Budget. Council Member Capetillo moved to approve the ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WATER SERVICE RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE THOUSAND TWO HUNDRED FIFTY-FIVE AND 50/100 DOLLARS ($5,255.50) TO DAN'S COMMERCIAL PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-7, approving a contract with Clark Condon Associates for professional services and for Structural, MEP and Geotechnical and Reimbursable Allowances for the design, engineering and development for the Baytown Firefighters Memorial. City Manager Jackson explained that this proposed ordinance approves a contract with Clark Condon Associates for $15,000 for professional services and up to $5,500 for Structural, MEP, Geotechnical and Reimbursable Allowances for the final design and engineering, and development plans and specifications for the construction of the Baytown Firefighters Memorial at Bicentennial Park. Page 8 of 15 Minutes of the Special Session Meeting—October 23,2006 Mr. Jackson introduced Bob Leiper, Deputy City Manager and Shon Blake, Fire Chief Mr. Leiper stated this project has come along way and feels the memorial is great and the project is ready to move to the next phase. Mr. Leiper introduced Richard Lopez. Mr. Lopez stated $21,000—$22,000 has been raised through different fund raising events. Council commended the fire fighters for their dedication and hard work. Council Member Murray moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CLARK CONDON ASSOCIATES, INC., FOR FINAL ENGINEERING DESIGN SERVICES FOR THE BAYTOWN FIREFIGHTERS MEMORIAL PROJECT; AUTHORIZING FUNDS IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($20,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061023-8, setting the tax rate for General Fund Maintenance and Operation and Debt Service for the fiscal year ending September 30, 2007. City Manager Jackson explained that this proposed ordinance sets the rate and tax levy for General Fund Maintenance and Operation and Debt Service for the fiscal year ending September 30, 2007. This ordinance will set the rate for General Fund Maintenance and Operation for the fiscal year ending September 30, 2007 at $0.45700 per $100 valuation. This ordinance will set the rate and tax levy for Debt Service for fiscal year ending September 30, 2007 at $0.28003 per $100 valuation. The tax rate has remained the same since 1992 and is necessary to fund the budget adopted by City Council on September 14, 2006. Mr. Jackson also stated that two public hearings had already been held. Ruth Brown Mescall, 3504 Autumn Lane, Baytown, Texas (281-422-5064) — Ms. Mescall addressed council stating she had received a evaluation increase this year for about 10% and stated that an increase in evaluation will give the City an increase. She is upset about the increase and feels that while it may only be a 2.48% increase, this increase along with other tax increases quickly adds up. She believes that the City has been a good steward with funds but would like to see fewer increases in taxes. Page 9 of 15 Minutes of the Special Session Meeting—October 23,2006 Council clarified that the City of Baytown is not increasing its tax rate and reiterated that the rate has not changed since 1992. With no further discussion Council Member Capetillo moved that the property taxes be increased by adoption of a tax rate of 0.73703 and Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,463 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 061023-1, accepting the petition requesting annexation of a 2.8730 acre tract submitted by Athari Real Estate, LTD., David Hester, AndersonShoe and Saddle Repair, Inc., and ValPlace Development Texas owners 2.8730 acre tract out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas being a 2.870 acre (123,151 square fee) tract of land out of the George C. Davis Survey, Abstract 1472, Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. City Manager Jackson explained that this proposed resolution accepts the petition requesting annexation of a 2.8730 acre tract submitted by Athari Real Estate, LTD., David Hester, Anderson Shoe and Saddle Repair, Inc., and ValPlace Development Texas, LP, owners 2.8730 acre tract out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas being a 2.870 acre (123,151 square fee) tract of land out of the George C. Davis Survey, Abstract 1472, Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK 19 Highland Farms. This 2.8730 acre tract of land is one-half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and will be used for the construction of a Value Place Hotel. The property is located on the south side of I-10 and to the east of Garth Road. Page 10 of 15 Minutes of the Special Session Meeting—October 23,2006 With no further discussion Council Member Caskey moved to approve the resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray,Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF ATHARI REAL ESTATE, LTD., DAVID HESTER, ANDERSON SHOE AND SADDLE REPAIR, INC., AND VALPLACE DEVELOPMENT TEXAS, LP, CONCERNING THE ANNEXATION OF A 2.8730 ACRE TRACT OF LAND OUT OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS COUNTY, TEXAS, BEING A 2.870 ACRE (123,151 SQUARE FEET) TRACT OF LAND OUT OF THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472, BAYTOWN, HARRIS COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND WITH TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 HIGHLAND FARMS, TRACT 2 AS TR 13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19 HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications and authorizes advertisement to take bids for the 2007 Annual Sanitary Sewer Rehabilitation Contract. City Manager Jackson explained that the approval of plans and specifications and authorizes advertisement to take bids for the 2007 Annual Sanitary Sewer Rehabilitation Contract. The scope of work for the 2007 Annual Sanitary Sewer Rehabilitation project includes rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench method as needed. The project has a budget of $1,000,000 for emergency sewer work such as line failures and collapses which fall outside of the scope of CIP projects. The construction duration is 30 calendar days per work order and the contract is for one year with a renewable clause for two (2) additional years. The City started this program in 1999 and has allocated $1,000,000 annually. 2006 Certificates of Obligation Bonds will fund this project. Council Member Murray moved to approve the plans and specification and authorize advertisement to take bids for the 2007 Annual Sanitary Sewer Rehabilitation Contract. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 11 of 15 Minutes of the Special Session Meeting—October 23,2006 Discuss and provide staff direction regarding a possible General Obligation Bond Election. City Manager Jackson explained that this item was discussed at the October 12th work session. Mr. Jackson stated the 2001 Bond Program was more than a 29 million program. He also stated it is important to incorporate using the citizens and staff in the development of the program. Mr. Jackson used the success of the School Bond Program as an example. Mr. Jackson explained that due to the time frame, direction from Council was needed and suggested both staff and community involvement. Discussion was had concerning the viability of the 5 subcommittees from the 2001 Bond Steering Committees. Some of the committees may need to be changed due to the change in needs. Council engaged in discussion regarding the aggressive timeline in order to meet the May 2007 election and decided that the committees would report on this issue. If necessary, continue discussion of the Unified Land Development Code from the Work Session. No further discussion needed. Consent Agenda a. Consider Proposed Ordinance No. 061023-9, authorizing purchase of one 6415 Comfort Vantage Tractor for the Parks Department from John Deere Company through the Local Government Purchasing Cooperative (Buy Board). b. Consider Proposed Ordinance No. 061023-10, authorizing purchase of boom reach mower equipment and accessories for the Parks Department from Brookside Equipment Sales through the Local Government Purchasing Cooperative (Buy Board). c. Consider Proposed Ordinance No. 061023-11, authorizing purchase of Scott Air Pack equipment and parts for the Fire Department through the Local Government Purchasing Cooperative (Buy Board). d. Consider Proposed Ordinance No. 061023-12, authorizing the purchase of three 3/4 ton 2007 Chevrolet pickup trucks and one 1/2 ton 2007 Chevrolet pickup truck from Caldwell Country Chevrolet through H-GAC. e. Consider Proposed Ordinance No. 061023-13, awarding the bid for the annual thermo pavement markings contract. f. Consider Proposed Ordinance No. 061023-14, authorizing purchase of one backhoe loader for the Parks Department from John Deere Company through the Local Government Purchasing Cooperative (Buy Board). Page 12 of 15 Minutes of the Special Session Meeting—October 23,2006 g. Consider Proposed Ordinance No. 061023-15, awarding the last renewal of the annual uniform rental and miscellaneous services contract. h. Consider Proposed Ordinance No. 061023-16, repealing Ordinance No. 10,452 and authorizing the purchase of one 2007 Chevrolet heavy duty extended cab pickup and four heavy duty regular cab pickups from Caldwell Country Chevrolet through H-GAC. i. Consider Proposed Ordinance No. 061023-17, authorizing an Industrial District Agreement with LANXESS. j. Consider Proposed Ordinance No. 061023-18, authorizing an Industrial District Agreement with Bayer Material Science, LLC. k. Consider Proposed Ordinance No. 061023-19, authorizing an Industrial District Agreement with Bayer Corporate and Business Services,LLC. 1. Consider Proposed Ordinance No. 061023-20, authorizing a renewal of the fees with the Houston Area Library Automated Network(HALAN). Council Member Mahan moved to approve consent items a through 1 with the exception of h as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. In connection with item h, Mayor DonCarlos explained that this item may not be reconsidered by the Council since it has been previously considered and voted on within the preceding six months,unless the Council,by majority vote, waives this restriction. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None Council Member Mahan moved to approve consent items h as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 13 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-SIX THOUSAND NINE HUNDRED FIFTY AND 25/100 DOLLARS ($36,950.25) TO JOHN DEERE COMPANY FOR THE PURCHASE OF ONE 6415 COMFORT VANTAGE TRACTOR FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-TWO THOUSAND EIGHT HUNDRED THIRTY-NINE AND 12/100 DOLLARS ($32,839.12) TO BROOKSIDE EQUIPMENT SALES FOR THE PURCHASE OF A BOOM REACH MOWER EQUIPMENT AND ACCESSORIES FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-FIVE THOUSAND FOUR HUNDRED SIXTY-ONE AND 50/100 DOLLARS ($25,461.50) TO DOOLEY TACKABERRY, INC., FOR THE PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-FOUR THOUSAND NINE HUNDRED EIGHTY-SEVEN AND NO/100 DOLLARS ($94,987.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE 3/4 TON 2007 CHEVROLET PICKUP TRUCKS AND ONE 1/2 TON 2007 CHEVROLET PICKUP TRUCK FROM CALDWELL COUNTY CHEVROLET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UNITED RENTALS HIGHWAY TECHNOLOGIES, L.P., FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY- NINE THOUSAND SEVEN HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($179,745.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-SEVEN THOUSAND SEVEN HUNDRED THIRTY-FIVE AND 95/100 DOLLARS ($37,735.95) TO JOHN DEERE COMPANY FOR THE PURCHASE OF ONE BACKHOE LOADER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ARAMARK UNIFORM SERVICES, INC., FOR THE ANNUAL UNIFORM RENTAL AND MISCELLANEOUS SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 10,452 PASSED ON OCTOBER 12, 2006; AUTHORIZING THE PAYMENT OF ONE HUNDRED THREE THOUSAND FIVE HUNDRED TWENTY- NINE AND NO/100 DOLLARS ($103,529.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 CHEVROLET HEAVY DUTY EXTENDED CAB PICKUP AND FOUR 2007 CHEVROLET HEAVY DUTY REGULAR CAB PICKUPS FROM CALDWELL COUNTY CHEVROLET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,471 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH LANXESS CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,472 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYER MATERIALSCIENCE, LLC, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 15 Minutes of the Special Session Meeting—October 23,2006 ORDINANCE NO. 10,473 AN ORDNANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYER CORPORATE AND BUSINESS SERVICES, LLC, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FISCAL YEAR 2007 HOUSTON AREA LIBRARY AUTOMATED NETWORK (HALAN) CONTRACT FEE FOR AN INTEGRATED AUTOMATED CIRCULATION SYSTEM AT THE STERLING MUNICIPAL LIBRARY IN THE AMOUNT OF SEVENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-SIX AND NO/100 DOLLARS ($75,726.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Community Development Advisory Committee (1). This item was not ready for consideration. City Manager's Report. Mr. Jackson gave an update on Taft Circle. The $125, 000 cash bond has been received and two building permits have been issued. Adjourn. Council Member Capetillo moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 7:33 p.m. Lorri Coody, City Clerk