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2007 03 22 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 22, 2007 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 22, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Scott Sheley Council Member Sammy Mahan Council Member Don Murray Council Member Lynn A. Caskey, II Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Interim City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Member Renteria was absent. Mayor DonCarlos called the Regular Session of Council to order at 6:30 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes for the Special Session Council Meeting held on March 1, 2007 and the Regular Council Meeting and the Work Session Meeting held on March 8, 2007. Council Member Capetillo moved to approve the minutes for the Special Session Council Meeting held on March 1, 2007 and the Regular Council Meeting and the Work Session Meeting held on March 8, 2007. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Mayor DonCarlos made the presentation of Student of the Month to Ayla Casey. Ayla Casey is a senior at Robert E. Lee High School who has excelled in the area of academics as a PreAP student. Ayla stays active in Baytown by participating in various projects to help make a difference in the community. She has volunteered countless hours of community service by assisting with the YMCA Gator Ride, Special Olympics, Baytown Trash Off, Port Authority Trash Bash, YAC Senior Citizen Prom, Relay for Life, Page 2 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Special Rodeo, Goose Creek Job Fair, UNICEF, Christmas Adopt-a-Family, Friends Serving Friends, visiting nursing homes and striving to keep Lee Drive litter free. Ayla is no stranger to leadership positions. She is a four year member of the Debate Team and currently serves as Captain. She is the President of the Key Club and Crime Stoppers, Historian of the National Honor Society and Chair of the Baytown Youth Advisory Commission. Ayla is a caring and dedicated individual. Her strength is her character and her confidence in her abilities. She is extremely goal oriented and a self-starter and continues to set and achieve her goals. BUSINESS ITEMS Proposed Ordinances Consider Proposed Ordinance authorizing the issuance of $1,000,000 City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007A; making other provisions related thereto; and providing for the effective date thereof. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the issuance of $1,000,000 City of Baytown Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007A. The certificates of obligation will be used to pay for the design, engineering and construction- support (inspection, testing, etc.) costs associated with the first one year of a proposed street bond program that will be voted on by the citizens. The certificates of obligation are being sold through a private placement bid. The first payment on the debt will be in fiscal year 2007-08. Mr. Tom Sage from Vinson and Elkins is present who works with First Southwest and made a recommendation of the most advantageous bid from Bank of America for 3.82%. Council Member Mahan moved to approve the ordinance for Bank of America. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $1,000,000 CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007A; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Page 3 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider Proposed Ordinance authorizing a Payment Agreement with Harris County Fresh Water Supply District No. 1A for amounts owed for waste disposal services from October 2000 through November 2006. Mayor DonCarlos announced his conflict of interest on this item and stated that he would not vote or participate in discussion and assigned the item to Mayor Pro-tem Mahan. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a Payment Agreement with Harris County Fresh Water Supply District No. 1A (the “District”) for amounts owed for waste disposal services from October 2000 through November 2006. Past due amounts are related to a dispute in the interpretation of the contract regarding the base charges. The proposed agreement resolves the dispute for future payments and compromises and settles the dispute for prior years. Specifically, the proposed agreement clarifies that the base charge is calculated on a per unit basis and changes the basis by which usage is determined from metered sewer service to metered water service. The payment arrangement is broken up into two parts based on when the District was notified of the revised billing amount. The calculation was revised to apply the base charge to the appropriate number of units. The table below presents this breakdown: January 2005 Payments: $5,000 per month (final pmt November 2006 $4,582.20) amt March 2007 April 2009 $115,459.95 (After Starting: In accordance with the City's the District was Ending: Sewer Rate Ordinance notified of the revised Interest billing) Rate: October 2000 Payments: $4,024.62 per month (final December 2004 $4,024.56) pmt amt May 2009 April $144,886.26 (Prior to Starting: 2012 None the District being Ending: notified of the revised Interest billing) Rate: The proposed agreement requires that the District remain current on all current utility charges. At this time, the District is paying in accordance with the contract and is current. With limited discussion, Council Member Caskey moved to approve the Ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos did not participate in the vote. Nays: None The motion carried. Page 4 of 16 Minutes of the Regular Session Meeting— March 22, 2007 ORDINANCE NO. 10,566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PAYMENT AGREEMENT WITH HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-A FOR AMOUNTS OWED FOR WASTE DISPOSAL SERVICES FROM OCTOBER 2000 THROUGH NOVEMBER 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending the Community Development Block Grant Annual Action Plan FY200607 and authorizing a budget change to provide funding for the CDBG Residential Sewer Line Repair and Replacement Program. Interim City Manager Leiper explained that the Proposed Ordinance amends the Community Development Block Grant (CDBG) Annual Action Plan FY200607 and authorizes a budget change to provide funding for the CDBG Residential Sewer Line Repair and Replacement Program. The Community Development Block Grant Annual Action Plan FY200607 was approved by City Council on July 13, 2006, and included in the City's budget documents. The plan is the document that describes how the City will use CDBG funds for the year. On February 8, 2007, City Council approved guidelines for the CDBG Residential Sewer Line Repair and Replacement Program (Program). In order to fund the Program using CDBG funds, the current Annual Action Plan must be amended and the budget must be changed. The proposed ordinance allocates $30,000 from the existing CDBG Contingency budget of $145,979. Staff published a public notice for 30 days, as required by HUD, on the City's website and in the Baytown Sun to make the public aware of the proposed amendment. There were no comments received regarding the amendment. Council Member Capetillo moved to approve the Ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FISCAL YEAR 2006-2007 AND MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2006-2007 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE CONTINGENCY FUND OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND 270 FOR THE RESIDENTIAL SEWER LINE REPAIR AND REPLACEMENT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider Proposed Ordinance awarding a contract for preliminary professional engineering design services for the Goose Creek Sanitary Sewer Trunkline Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a professional services contract to Claunch & Miller, Inc. (CMI) in the amount of not to exceed $179,850 for preliminary engineering design services associated with the Goose Creek Sanitary Sewer Trunkline Project. Compensation for basic services will not exceed $92,900. The project’s reimbursable expenses shall not exceed $1,000. Due to the complexity of this project, additional services will be required and will not exceed $85,950. Therefore, the total contract amount is $179,850. As part of the preliminary engineering, the consultant will attend meetings with City staff as necessary to address and review all City maintained water, sewer and drainage facilities in order to produce the Preliminary Engineering Report (PER). The additional services associated with the PER will include television inspection of the Goose Creek trunkline that meanders within the HCFCD maintained stream from Baker Road south to the Texas Avenue lift station. There will also be a Phase One Environmental Site Assessment along with a Wetlands determination. In addition, there will be some geotechnical work along with survey control. Once complete, the PER will include cost estimates and recommendations that will be reviewed by City staff. Upon the issuance of a notice to proceed, CMI will complete the PER within 105 calendar days. 2007 Certificates of Obligation will fund this project. With limited discussion Council Member Mahan moved to approve the ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH CLAUNCH & MILLER, INC., FOR PRELIMINARY ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE GOOSE CREEK SANITARY SEWER TRUNKLINE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($179,850.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the Environmental Protection – Storm Water Detention Ponds Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $56,203.08 to Dan's Commercial Plumbing, LLC, for the Environmental Protection – Storm Water Detention Ponds Project. The scope of work includes the refurbishing of two City maintained detention ponds located along Baytown Central Boulevard. The estimated construction cost for this project was $82,000. The construction duration is 120 calendar days. This project will be funded from the Storm Water Utility Fund and in-kind services. Page 6 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Limited discussion was has concerning the objective which is to be a model detention facility that improves storm water as it is released through two treatable systems. The goal is that the detention facility will hold the water longer. This is a planned project under the storm water quality act and the City is required to do this project. Council Member Sheley moved to approve the ordinance. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH DAN'S COMMERCIAL PLUMBING, LLC, FOR THE ENVIRONMENTAL PROTECTION - STORM WATER DETENTION PONDS PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED FIFTY-SIX THOUSAND TWO HUNDRED THREE AND 08/100 DOLLARS ($56,203.08); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing contingent services specified in the Professional Services Agreement with SCL Engineering, LLC., for the remainder of final design phase services, bid phase services, construction phase services and resident engineering service associated with the West District Wastewater Treatment Plant Expansion Project. Interim City Manager Leiper explained that the Proposed Ordinance authorizes contingent additional services specified in the Professional Services Agreement with SCL Engineering, LLC, for the remainder of final design phase services, bid phase services, construction phase services and resident engineering services associated with the West District Wastewater Treatment Plant Expansion Project. On August 11, 2005, the City Council authorized design services to the 50% level in an amount not to exceed $752,855.00. At the time, the City did not have enough funds to design the entire project; however, provisions were made in the original agreement for the City to authorize completion of the project at a later date with a predetermined cost and scope of services. The services which the City is now requesting Council to authorize includes the remainder of final design phase services, bid phase services, construction phase services as well as resident engineering services at a cost not to exceed $1,137,650.00. The total contract amount will be $1,890,505.00. The 50% design phase services were funded by 1998 certificates of obligation and MDD Sales Tax. The remainder of the services authorized by this ordinance will be funded by MDD Sales Tax, 1998 & 2006 certificates of obligation. Page 7 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Council Member Capetillo moved to approve the ordinance. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CONTINGENT SERVICES SPECIFIED IN THE PROFESSIONAL SERVICES AGREEMENT DATED AUGUST 15, 2005, WITH SCL ENGINEERING, LLC, FOR THE REMAINDER OF FINAL DESIGN PHASE SERVICES, BID PHASE SERVICES, CONSTRUCTION PHASE SERVICES AND RESIDENT ENGINEERING SERVICES ASSOCIATED WITH THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($1,137,650.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the Fire Department Equipment Shelter Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $63,394 to Dan's Commercial Plumbing, LLC, for the Fire Department Equipment Shelter Project. The scope of work for the project is to furnish and install a pre-engineered metal building on a drilled pier foundation. The estimated construction cost for this project was $55,000 for a 42’ x 90’ building or $61,000 for a 42’ x 120’. Due to budgetary constraints, the bid form reflected alternate bid items. The base bid for a 42' x 120' building was $56,894. An alternate bid item for electrical work associated with the building was in the amount of $6,500. Therefore, it is recommended that Council award the 42' x 120' building with the associated electrical work for a total contract amount of $ 63,394. The construction duration is 90 calendar days and this project will be funded from Emergency Management Capital Funds. Council Member Sheley moved to approve the ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Page 8 of 16 Minutes of the Regular Session Meeting— March 22, 2007 ORDINANCE NO. 10,571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH DAN'S COMMERCIAL PLUMBING, LLC, FOR THE FIRE DEPARTMENT EQUIPMENT SHELTER PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED SIXTY-THREE THOUSAND THREE HUNDRED NINETY-FOUR AND NO/100 DOLLARS ($63,394.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolutions Consider Proposed Resolution approving the co-sponsorship of the Candlelighters event on April 29th at Bayland Island. Interim City Manager Leiper explained that the Proposed Resolution approves the co-sponsorship of the Candlelighters event on April 29th at Bayland Island. This nonprofit organization raises funds for cancer victims and their families and is requesting co-sponsorship by the City of Baytown. This co-sponsorship will include the waiving of fees associated with equipment and services furnished by the Parks Department. All other regulations and requirements, including insurance, will be followed. This event was held last year and the group paid over $1,000 in equipment rental and setup fees. These fees are charged to help defray the overtime costs generally associated with special events. Council Member Sheley moved to approve the ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE THIRD ANNUAL COUNTRY MUSIC SHOWCASE AT BAYLAND ISLAND ON APRIL 29, 2007, BENEFITING CHILDHOOD CANCER FAMILY ALLIANCE, INC., BY WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT; SUBJECT TO THE TERMS AND CONDITIONS OF THE BAYLAND PARK AND WATERFRONT SPECIAL USE PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider Proposed Resolution canceling the regular City Council meeting scheduled for May 24, 2007 and calling a special City Council meeting for Tuesday, May 22, 2007. Interim City Manager Leiper explained that the Proposed Resolution cancels the regular City Council meeting scheduled for May 24, 2007 and calls a special City Council meeting for Tuesday, May 22, 2007. The canvass for the May 12th municipal and special elections will have to occur between May 18th and May 23rd. Our regular Council meeting date is May 24th. We will be scheduling a Tuesday, May 22nd canvass date with Harris and Chambers Counties and it is suggested that we move our regular Council meeting from Thursday May 24th to Tuesday, May 22nd so that can take care of all business items at one meeting. Council Member Caskey moved to approve the ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MAY 24, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 22, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution setting the time, date and place for a special council meeting for a City Council retreat. Interim City Manager Leiper explained that the Proposed Resolution sets the time, date and place for a special council meeting for a City Council retreat. The last City Council retreat was held on Saturday, December 9th at Goose Creek Country Club. If Council wishes to hold another retreat prior to the start of the 20072008 budget process, it will be necessary to select a date so that accommodations can be reserved. He explained that possible Saturday dates to consider are May 19, May 26, July 14, and July 21. These are dates when both Council Members that work shift work are available as their shifts coincide. Discussion was had concerning the need for a retreat and topics of discussion for a retreat. It was mentioned that Council could continue discussions from its last retreat and set out plans and strategies for the future. It terms of a time to meet, a suggestion was made that an off Thursday night might be a better idea for a date than a Saturday. Council directed Staff to provide Council with a selection of dates and proposed topics at the next Council Meeting. Page 10 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider Proposed Resolution accepting the petition requesting annexation of a 0.3401 acre tract submitted by James W. Gustafson, President of Gustafson Group Inc., General Partner of Land Equities 102, Ltd., owner of a 0.3401 acre tract of land situated in the Ed. T. Schaffer Survey (W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot 3, Block 7 of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60 of the Map Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed Resolution accepts the petition requesting annexation of a 0.3401 acre tract submitted by James W. Gustafson, President of Gustafson Group Inc., General Partner of Land Equities 102, Ltd., owner of a 0.3401 acre tract of land situated in the Ed. T. Schaffer Survey (W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot 3, Block 7 of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60 of the Map Records of Harris County, Texas. This 0.3401 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used for an Auto Zone retail store. The property is located to the east of Garth Road and to the South of South Road. Council Member Mahan moved to approve the ordinance. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF JAMES W. GUSTAFSON, PRESIDENT OF GUSTAFSON GROUP, INC., THE GENERAL PARTNER OF LAND EQUITIES 102, LTD., CONCERNING THE ANNEXATION OF A .3401 ACRE TRACT OF LAND IN THE ED. T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224, HARRIS COUNTY, TEXAS OUT OF AND A PART OF LOT 3, BLK 7 OF EAST END ADDITION TO HIGHLANDS FARMS SUBDIVISION, AS RECORDED IN VOLUME 15 AT PAGE 60 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motions Receive, discuss and take appropriate action regarding an update on activities and possible legislation related to the name, powers, and board of directors of the Chambers County Cedar Bayou Navigation District. Former Mayor Calvin Mundinger provided an update on the activities surrounding the change of structure of the Chambers County Cedar Bayou Navigation District. Mr. Mundinger is requesting Council to support legislation filed by State Representative Wayne Smith in the Texas Legislature related to the powers, authority and management of this District. Mr. Mundinger informed Council that the legislation will be amended from its original filing. He went over the changes with Council from a draft copy of the bill that he had handed to each member. Mr. Mundinger felt the changes would be Page 11 of 16 Minutes of the Regular Session Meeting— March 22, 2007 positive. He informed Council that there is a hearing next Wednesday in Austin where the Legislation (with the changes) will be discussed and believes the results will be beneficial for the quality of life in Baytown. However, he cautioned Council, that if the bill passes, it will only be the beginning of what needs to take place to manage what is going to take place on Cedar Bayou. Discussion was had and questions were asked concerning the legislation. Mr. Mundinger answered the questions which included why this is happening. Mr. Mundinger explained that the advent of the WalMart distribution center placed focus on this area as well as exports from China. The process made people realize that Cedar Bayou could be a hub for this type of activity, and this exploded into what we have today. Discussion was had about the construction of three barge terminals and how this will affect the land, the beauty of the bayou, and the recreational value of Roseland Park. Mr. Mundinger reported that the Task Force’s work is basically done. Council Member Mahan moved to approve a resolution to support the legislation with the changes as outlined by Mr. Mundinger. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 3158, AS AMENDED, RELATING TO THE NAME, POWERS, AND BOARD OF DIRECTORS OF THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action regarding the selection of streets for the first year of a future street bond program. Interim City Manager Leiper explained that at the March 8, 2007 Council meeting, Council selected the "Top 20" streets or 6300 linear feet, based on PCI and classification, along with an equal allocation of 1,150 linear feet per district, subject to adjustment for width as the allocation method for the first year of the future street bond construction program. This agenda item was placed for comment or feedback for Council, if any, regarding the selection of streets under the method chosen. No comments or feedback was received. CONSENT Council Member Sheley moved to approve the Consent agenda items 4a through 4e. Council Mahan seconded the Motion. The vote follows: Page 12 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance approving the Water Supply Contract – Raw Water between the Baytown Area Water Authority and Lake Municipal Utility District. ORDINANCE NO. 10,572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A WATER SUPPLY CONTRACT - TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the Agreement for Professional Services between the Baytown Area Water Authority and Shrader Engineering Company for the HVAC System Renovation Project at the BAWA Administration Building. ORDINANCE NO. 10,573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHRADER ENGINEERING COMPANY FOR THE HVAC SYSTEM RENOVATION PROJECT AT THE BAWA ADMINISTRATION BUILDING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance consenting to the sublease of the leased premises at Bayland Island by Bayland Island Development, L.C., to Harpword, LLC, contingent upon the execution of the Lease Amendment approved by Council via Ordinance No. 10,231. ORDINANCE NO. 10,574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE SUBLEASE OF THE LEASED PREMISES AT BAYLAND ISLAND CONTINGENT UPON THE EXECUTION OF THE LEASE AMENDMENT APPROVED BY COUNCIL VIA ORDINANCE NO. 10,231; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE A CONSENT TO SUBLEASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider Proposed Ordinance approving the Baytown Area Water Authority’s Change Order No. 3 with Reytec Construction Resources, Inc. for the BAWA 30” Water Transmission Line Project. ORDINANCE NO. 10,575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CHANGE ORDER NO. 3 WITH REYTEC CONSTRUCTION RESOURCES, INC., FOR THE BAWA 30" WATER TRANSMISSION LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution approving an application for continued funding for the Victims of Crime Act Grant awarded to the City to provide the Family Violence Counseling and Victim Services Program in the Police Department for the 20072008 period. RESOLUTION NO. 1842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE 2007-2008 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND FOUR HUNDRED THIRTY-NINE AND NO/100 DOLLARS ($11,439.00) AND AN IN-KIND MATCH NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN AND NO/100 DOLLARS ($1,914.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider confirmation of the Mayor's appointments to the Baytown Housing Finance Corporation Board (2). Council Member Capetillo moved to approve the Mayor’s appointment of Tony Roberson to serve as Chairman of the Baytown Housing Finance Corporation Board for the term beginning April 1, 2007 through March 31, 2009. Council Member Sheley seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. The Mayor was not ready for the second appointment to this Board. Page 14 of 16 Minutes of the Regular Session Meeting— March 22, 2007 Consider confirmation of the Mayor’s appointment to the Baytown Housing Authority Board (2). Council Member Sheley moved to approve the Mayor’s appointment of Tony Roberson to serve as Chairman of the Baytown Housing Authority Board for the term beginning April 1, 2007 through March 31, 2009. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. The Mayor was not ready for the second appointment to this Board. Consider Interim City Manager's appointments to the Library Board (2). Council Member Caskey moved to approve the Interim City Manager’s appointment of Don Coffee to serve on the Library Board for the term beginning April 1, 2007 through March 31, 2009. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Mr. Leiper was not ready for the second appointment to this Board. EXECUTIVE SESSION Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.072 to deliberate the possible purchase of real property for a parks project. Mayor DonCarlos announced a recess at 7:43 p.m. to convene in a closed meeting in compliance with the Section 551.072 of the Texas Open Meetings Act, to deliberate the possible purchase of real property for a parks project. At 7:48 p.m. Mayor DonCarlos reconvened the open meeting of the City Council of the City of Baytown and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in executive session. Page 15 of 16 Minutes of the Regular Session Meeting— March 22, 2007 MANAGER'S REPORT 3rd and 4th of July Lineup Interim City Manager Leiper reported that the Parks and Recreation Department has completed the line up for the upcoming 3rd and 4th of July Celebration. The annual event will feature Texas Music stars Cory Morrow and Roger Creager as the headliners on the 4th and Country Music legend John Conlee as the 3rd of July headliner. Other local bands scheduled to perform on the 3rd include Catch 35 and Gene Kelton and the Die Hards. The 4th of July will kick off with the annual parade at noon, followed by the opening ceremonies and performances by Sky Blue 72, Los Pekadrez and Joe Tex Jr. This year, Parks and Recreation staff is planning four 30 minute shows between acts highlighting some of the Department’s programs and other fun family events. Mike Flinn with the Park and Recreation Department will provide DJ music between acts providing a wide variety of music between acts on both the 3 rd and 4th. The annual Fireworks Extravaganza that will be highlighted by patriotic music will begin at 9:30 p.m. 107.5 K-Hits Hometown Handshake Tour Interim City Manager Leiper reported that 107.5, KHits will broadcast live from Roosters Steak House on Thursday, March 29th from 5 a.m. to 10 a.m. as part of its Hometown Handshake Tour. The tour includes stops in Katy, Richmond, Alvin, Shenandoah, and Tomball. The live broadcast will highlight upcoming local events that have a regional impact such as the upcoming O'Reilly NHRA Nationals at the Houston Raceway Park, the Nurture Nature Festival at the Baytown Nature Center and the 30th Annual Firefighters Memorial Golf Tournament at Evergreen Golf Course. Other local elements that will be discussed is the Wayne Gray Sports Complex facilities, the Goose Creek Hike and Bike Trail, and the Bayland Waterfront. The five hour event will also feature live interviews with the Mayor, representatives from the Houston Raceway Park, Eddie Gray and Tracey Prothro. Roosters Steak House is normally closed until 9 a.m. Ribbon cutting at the Skate Park Interim City Manager Leiper announced that on April 14 there will be a ribbon cutting at the new Skate Park. Commissioner Sylvia Garcia will be in attendance. Receive a departmental presentation by the Finance Department. Rhonda Young, Director of Finance, gave a presentation concerning her department. She started her presentation with the Mission Statement for the Finance Department which is official called the Fiscal Operation Department. She told Council that the department is composed of five divisions with two divisions having subdivisions as follows:  Finance and Administration Division  Accounting Division Page 16 of 16 Minutes of the Regular Session Meeting— March 22, 2007  Treasury Division  Collections Operations  Purchasing Division  Warehouse Operations  Utility Division For each division and subdivision, Ms. Young showed Council the organization chart and reviewed the division’s duties and responsibilities. Ms. Young closed her presentation with a listing of her department’s professional affiliations which included educational background, awards and achievements for staff. ADJOURN Council Member Sheley moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried With no additional business the meeting adjourned at 8:08 p.m. ______________________________ Lorri Coody, City Clerk