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2007 04 12 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 12, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 12, 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 Stephen H. DonCarlos Mayor Robert D. Leiper Interim City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Members Renteria and Caskey were absent. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes for the Regular Council Meeting and the Work Session Meeting held on March 22, 2007. Council Member Sheley moved to approve the minutes for the Regular Council Meeting and the Work Session Meeting held on March 22, 2007. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. Conduct the first public hearing on the proposed 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. Mayor DonCarlos opened the first public meeting on this annexation at 6:35 p.m. Interim City Manager Leiper explained that the 0.3401 acre tract of land is 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 Page 2 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Harris County, Texas. The 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. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:37 p.m. Conduct the second public hearing on the proposed 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. Mayor DonCarlos opened the public meeting on this annexation at 6:37 p.m. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:38 p.m. Proposed Resolution No. 070412-1, $60,000 from ExxonMobil for Wetlands Center & Baytown Nature Center Consider Proposed Resolution accepting 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. Council Member Murray filed a conflict of interest affidavit and abstained from discussion and the vote on the following item: Interim City Manager Leiper explained that 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. The Baytown Nature Center’s Environmental Education Program covers the annual cost to fund the BNC Naturalist (John Mason), educational supplies, and interpretive signs. This is the fifth year of the funding of this program. Naturalist John Mason provides an educational presence at the BNC and has provided informative 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 also helps 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 personal cost and educational supplies. The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall’s “Wetlands Ecology Trail”. We have just completed the eighth 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 Page 3 of 21 Minutes of the Regular Session Meeting— April 12, 2007 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. Council Member Sheley moved to approve resolution as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, and Sheley Mayor DonCarlos Nays: None Council Member Murray did not vote on this item. The motion carried. RESOLUTION NO. 1843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO1100 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. Proposed Ordinance No. 070412-1, NEWWTP Off-site Collection System Project PKG One Consider Proposed Ordinance rejecting the bids for the Northeast Wastewater Treatment Plant Off-site Collection System Project, Package One received on January 23, 2007; and awarding a construction contract to George Construction, Inc. for the Northeast Waste Water Treatment Plant Off-site Collection System Project - Package One based upon its bid received on March 28, 2007. Interim City Manager Leiper explained that the Proposed Ordinance rejects the bids for The Northeast Wastewater Treatment Plant Off-site Collection System Project, Package One received on January 23, 2007 and awards a construction contract in an amount of $4,736,187 to George Construction, Inc. for the Northeast Waste Water Treatment Plant Off-site Collection System Project - Package One based upon its bid received on March 28, 2007. Mr. Leiper explained that there was an error in the lowest bid received on January 23, 2007 and the bidder had requested to withdraw the bid, which is permitted by State law. City Council authorized seeking new bids for this project at their meeting on March 8, 2007. The following three bids were received in the re-bid:  Texas Sterling Construction: $5,269,269.69  Reytec Construction: $5,395,655.00  George Construction: $4,736,187.00 Page 4 of 21 Minutes of the Regular Session Meeting— April 12, 2007 The low bid (George Construction) is $424,470 more than the George Construction's original bid that contained the error and is $209,143 less than the previous second bidder, Huff and Mitchell. Huff and Mitchell did not participate in the re-bid. The range of the re-bid is much tighter ($659,468) than the original bids, ($3,083,348), further indicating a better bid product. Reference research on George Construction by the designing engineer, Pate Engineering, has resulted in a recommendation for this bid award. The scope of work for this project consists of the installation of approximately 1,400 linear feet of 30- inch gravity sanitary sewer pipe along Sjolander Road from I-10 south to Needlepoint Road. From Sjolander, approximately 7,500 linear feet of 42-inch gravity sanitary sewer pipe will be installed down Needlepoint to the Northeast Wastewater Treatment Plant (NE WWTP) site. The new gravity sewer system will serve the new NE WWTP once it becomes operational. The new NE WWTP is currently scheduled for completion sometime in late 2008. The construction duration for this project is 300 calendar days and the estimated construction cost with a ten percent contingency was $4,600,000. The 2005 and 2006 loans from the TWDB will fund this project. Council Member Mahan moved to approve ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE COLLECTION SYSTEM PROJECT, PACKAGE ONE RECEIVED ON JANUARY 23, 2007; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH GEORGE CONSTRUCTION, INC., FOR THE NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE COLLECTION SYSTEM PROJECT, PACKAGE ONE; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED FOUR MILLION SEVEN HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED EIGHTY-SEVEN AND NO/100 DOLLARS ($4,736,187.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a contract for final design services for the Gulf Coast Lift Station Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a contract for final design services to LJA Engineering & Surveying, Inc. (LJA) in an amount not to exceed $127,220 for the Gulf Coast Lift Station Project. Compensation for basic services will not exceed $92,046. The project’s reimbursable expenses shall not exceed $10,000. The additional services, which include surveying, geotechnical, and environmental services will not exceed $25,174. Therefore, the total contract amount is $127,220. As part of the final design, the consultant will attend meetings with City staff as necessary Page 5 of 21 Minutes of the Regular Session Meeting— April 12, 2007 to address and review all City maintained water, sewer and underground facilities in order to finalize the design. The existing lift station located on the north feeder of State Highway 146 just west of Garth Road will be decommissioned from service and a new lift station will be constructed to the east outside of the 100-year floodplain from the Goose Creek stream. The consultant will assist in the land acquisition process. LJA will also assist the City during the bidding process as well as provide for limited construction observation services. Upon the issuance of a notice to proceed, LJA will complete the final design within 90 calendar days. 2007 Certificates of Obligation Bonds will fund this project. Council Member Sheley moved to approve ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH LJA ENGINEERING & SURVEYING, INC. FOR FINAL DESIGN SERVICES FOR THE GULF COAST LIFT STATION PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-SEVEN THOUSAND TWO HUNDRED TWENTY AND NO/100 DOLLARS ($127,220.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the Lakewood Sanitary Sewer Rehabilitation Project, Phase II & III. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $1,866,804.20 to PM Construction & Rehab., L.P. for the Lakewood Sanitary Sewer Rehabilitation Project, Phase II & III. The scope of work includes sewer rehabilitation of approximately 37,850 linear feet (7.2 miles) of pipe bursting for the installation of new eight, 10, and 12-inch diameter HDPE pipe. The estimated construction cost for this project was $2,200,000. The construction duration to complete this project is 210 calendar days. This project was designed in-house by the Engineering Department and the project is being funded by the 2005 and 2006 loan from TWDB. The estimated engineering cost for design by an outside consultant is estimated to have been $270,000. Page 6 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Council Member Capetillo moved to approve ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,578 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 PM CONSTRUCTION & REHAB., L.P., FOR THE LAKEWOOD SANITARY SEWER REHABILITATION PROJECT, PHASES II & III; AUTHORIZING PAYMENT OF A SUM OF ONE MILLION EIGHT HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FOUR AND 20/100 DOLLARS $1,866,804.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the West Baytown Sanitary Sewer Rehabilitation Project, Phase II & III. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $2,075,736.20 to PM Construction & Rehab., L.P. for the West Baytown Sanitary Sewer Rehabilitation Project, Phase II & III. The scope of work includes sewer rehabilitation of approximately 37,000 linear feet (7 miles) of pipe bursting for the installation of new eight, 10, and 12-inch diameter HDPE pipe. The estimated construction cost for this project was $2,400,000. The construction duration to complete this project is 210 calendar days. This project was designed in-house by the Engineering Department and the project is being funded by the 2005/2006 TWDB loan and the 2006 & 2007 Certificates of Obligation. The estimated engineering cost for design by an outside consultant is estimated to have been $300,000. Council Member Murray moved to approve ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Page 7 of 21 Minutes of the Regular Session Meeting— April 12, 2007 ORDINANCE NO. 10,579 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 PM CONSTRUCTION & REHAB., L.P., FOR THE WEST BAYTOWN SANITARY SEWER REHABILITATION PROJECT, PHASES II & III; AUTHORIZING PAYMENT OF A SUM OF TWO MILLION SEVENTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-SIX AND 20/100 DOLLARS ($2,075,736.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a contract with Automated Logic United Consider Proposed Ordinance authorizing a contract with Automated Logic United Environmental Services for $80,568.00 for the installation of a 25 – ton HVAC package unit and DDC Controls for the "Bob Craig Exhibit Room" at the Eddie V. Gray Wetlands Education and Recreation Center located at 1723 Market Street. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a contract with Automated Logic United Environmental Services for the installation of a 25 – ton HVAC package unit and DDC Controls for the "Bob Craig Exhibit Room" at the Eddie V. Gray Wetlands Education and Recreation Center located at 1723 Market Street through CISV. Under the agreement, AutomatedLogic (UES) will: (i) provide drawings of the project to the city to review and approve before work begins, (ii) provide and install a new 25 – ton Humiditrol Lennox Package Unit behind the facility including all associated dirt and concrete work, (iii) includes all electrical work required for the unit, (iv) supply and run all air ductwork into the facility including the installation of duct detectors on the new unit, (v) provide and install DDC controls on the four existing Split DX systems in the Wetlands Center and provide controls on the new unit, (vi) will relocate one existing heater unit, (vii) provide and install an emergency Shelter In Place push button, (viii) provide and install an outside air sensor at the facility to have the capability to lockout the heating and cooling stages based on the outside air temperature, (ix) provide on-line “As Built’s” of all wiring and sequences of operation for the facility, and (x) provide all necessary training on the control software and any additional system added to the City of Baytown’s network by UES throughout the life of the system at no cost to the City. AutomatedLogic has performed HVAC services at City Hall and are currently installing the new HVAC system at the Environmental Health Department and Baytown Historical Museum building. The cost of these services is $80,568.00. Funding for this project is provided by the Municipal Development District. Council Member Capetillo moved to approve ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Page 8 of 21 Minutes of the Regular Session Meeting— April 12, 2007 ORDINANCE NO. 10,580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY THOUSAND FIVE HUNDRED SIXTY-EIGHT AND NO/100 DOLLARS (580,568.00) TO AUTOMATEDLOGIC UNITED ENVIRONMENTAL SERVICES FOR THE INSTALLATION OF A 25-TON HVAC PACKAGE UNIT AND DDC CONTROLS FOR THE "BOB CRAIG EXHIBIT ROOM" AT THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER LOCATED AT 1723 MARKET STREET THROUGH THE CATALOGUE INFORMATION SERVICES VENDOR PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, is for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 10.8162 acre tract of land being out of Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded in Clerk’s File No. L330578 Deed Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed Ordinance, is for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 10.8162 acre tract of land being out of Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded in Clerk’s File No. L330578 Deed Records of Harris County, Texas. This 10.8162 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used as follows:  20,000 SQ FT of Retail Center  20,000 SQ FT of Office Plaza and  200 Rooms Motel The property is located near the intersection of I-10 and Garth Road. City Council conducted the first and second public hearings for this annexation on the 8th day of March, 2007 with said notice being published in the February 26, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on February 26, 2007. Council Member Capetillo moved to approve ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Page 9 of 21 Minutes of the Regular Session Meeting— April 12, 2007 ORDINANCE NO. 10,581 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, AND THE ANNEXATION OF A 10.8162 ACRE TRACT OF LAND BEING OUT OF LOT 5 OF THE SUBDIVISION OF THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21 IN HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN CALLED 20.971 ACRE TRACT DESCRIBED IN DEED RECORDED UNDER CLERK'S FILE NO. L330578 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance prescribing the number of positions within each classification in the Fire Department. Interim City Manager Leiper explained that the Proposed Ordinance prescribes the number of positions within each classification in the Fire Department. The City Council, in approval of the Fire Control, Prevention, and Emergency Medical Services District 2006-07 budget, allocated funds for the addition of one additional position in the Lieutenant classification in the Fire Department to provide additional training and safety services for the department. This proposed ordinance prescribes the following number of positions in each classification: Fire Chief 1 Assistant Chief 3 Battalion Chief 5 Lieutenant 18 Engineer 15 Fire Fighter 51 Total 93 Council Member Capetillo moved to approve ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving final payment, release of retainage to AAA Asphalt Page 10 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Paving, Inc., and accepting the Wayne Gray Paving Improvement Project. Interim City Manager Leiper explained that the Proposed Ordinance approves final payment of $219,031.40, releases retainage of $24,336.82 to AAA Asphalt Paving, Inc., and accepts the Wayne Gray Paving Improvement Project. The original contract was awarded to AAA for $247,540.00 and the contract duration was 120 calendar days. The final contract amount was $243,368.22, which represents a 1.69 percent savings from the original contract amount. Change Order No. 1 was approved administratively with no change in the contract amount. The change order was only a variation in quantity and addition of line items that did not change the overall contract amount. The contractor finished the project in the allotted time and their workmanship was satisfactory. This project was funded through MDD. Council Member Capetillo moved to approve ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,583 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WAYNE GRAY PAVING IMPROVEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO HUNDRED FORTYTHREE THOUSAND THREE HUNDRED SIXTY- EIGHT AND 22/100 DOLLARS ($243,368.22) TO AAA ASPHALT PAVING, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving release of retainage to D&W Contractors, Inc., and accepting the Pinehurst Drainage Improvement Project. Interim City Manager Leiper explained that the Proposed Ordinance approves the release of retainage and accepting the Pinehurst Drainage Improvement Project. The retainage on this project is $22,853.10. The original contract was awarded to D&W for $459,141.00. Change Order No. 1 for a total of $9,600.00, was approved administratively for additional concrete headwalls which increased the contract amount to $468,741.00. The final contract amount was $457,062.00, which represents a 0.45 percent savings. This was due to variations in quantities. The contract duration was 120 calendar days and the contractor finished the project in the allotted time and their workmanship was satisfactory. The project was funded by 1997 Certificates of Obligation Bonds. Council engaged in discussion about the project and the fact that this is not the last project of its type in Pinehurst. The reason this work was necessary is because when Pinehurst was annexed it did not have the necessary drainage and it was annexed. Council discussed that on future annexations the City will need to be cautious in this area. Page 11 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Council Member Sheley moved to approve ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PINEHURST DRAINAGE IMPROVEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-TWO THOUSAND EIGHT HUNDRED FIFTY-THREE AND 10/100 DOLLARS ($22,853.10) TO D&W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. EXECUTIVE SESSION Mayor DonCarlos announced a recess at 6:58 p.m. to convene in a closed meeting in compliance with the Section 551.071 of the Texas Open Meetings Act, to seek the advice of the City’s attorneys regarding contemplated litigation arising out of the design and construction of the Emergency Operations Center and seek the advice of the City Attorneys regarding legal matters associated with the possible demolition of Taft Circle Apartments. At 7:23 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. Consider Proposed Ordinance awarding demolition contract at 2300 Taft Circle, also known as the Taft Circle Apartments. Interim City Manager Leiper explained that the Proposed Ordinance awards a demolition contract for 2300 Taft Circle to JTB Demolition in the amount of $549,936.90 for bid packages A and C (asbestos abatement and building/slab removal). Package B is for building removal without slab removal. This package is not recommended due to the increased difficulty in property maintenance if the slabs remain. Bids were also solicited on paving and sidewalk removal but there is concern that the Urban Rehabilitation Standards Review Board demolition order would not apply to these items. Additional work can be initiated if Council wishes to pursue the demolition of these items. The bid packages where broke down as follows: Bid Package A 11 Structures, asbestos abatement only. $308,246.81 Bid Package B 11 Structures, without slab removal. $184,714.38 Bid Package C 11 Structures, including slab removal. $241,690.10 Bid Package D Paving and sidewalk removal. $32,090.00 Page 12 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Six bid packages were picked up and six contractors attended the mandatory pre-bid meeting. Three bids were returned. This project is funded by Capital Improvement Projects Fund for Emergency Demolition. With the following Citizens signing up to speak on this item, Mayor Don Carlos called: Jane Roberts: 1707 Chilton, Baytown, Texas (281) 422-4188 - Ms. Roberts represents the Plum Wood Neighborhood Crime Watch. She told Council that the current work that has been done on the apartments is not acceptable. The property is rodent infested and while the demolition will be costly the time has come for the apartments to be demolished. Mrs. Dennis Heyen: 2200 Buchanan, Baytown, Texas (281-427-0983) - Mrs. Heyen told Council that she appreciates all of the time that has been spent on this issue and she wants them to adopt the ordinance to demolish these apartments. The Chief Building Official Kevin Byal explained to Council the history of the current project at Taft Circle and the status of the repairs. Basically, he told Council that the project has never been on schedule. With limited discussion on this item, Council Member Mahan moved to approve package A and C. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,585 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 DEMOLITION CONTRACT WITH JTB DEMOLITION FOR THE DEMOLITION OF STRUCTURES AT 2300 TAFT CIRCLE, ALSO KNOWN AS THE TAFT CIRCLE APARTMENTS; AUTHORIZING PAYMENT OF A SUM OF FIVE HUNDRED FORTY- NINE THOUSAND NINE HUNDRED THIRTY-SIX AND 90/100 DOLLARS (5549,936.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing engagement of Gordon & Rees, LLP, for the legal services associated with the design and construction of the Baytown Emergency Operations Center and directing the firm to file and diligently prosecute a lawsuit in the event the matters are not timely resolved. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the engagement of Gordon & Rees, LLP, for the legal services associated with the design and construction of the Baytown Emergency Operations Center and directs the firm to file and diligently prosecute a lawsuit in the event the matters are not timely resolved. Page 13 of 21 Minutes of the Regular Session Meeting— April 12, 2007 On May 11, 2006, the City of Baytown entered into a legal services agreement with Chamberlain, Hrdlicka, White, Williams & Martin (the “Chamberlain Law Firm”) to advise the City regarding legal issues arising out of the design and construction of the Baytown Emergency Operations Center. Todd Barnett of the Chamberlain Law Firm, however, has recently left the firm and can no longer represent the City in this matter. Mr. Barnett indicated that the Chamberlain Law Firm also could not continue to represent the City, as the other attorneys at the firm, who specialize in construction law, are based out of Atlanta, Georgia. Therefore, based upon these events and representations, the City terminated the Chamberlain Law Firm’s services effective March 20, 2007. The proposed ordinance authorizes the Interim City Manager to negotiate and execute an agreement with Gordon & Rees, LLP, upon terms and conditions acceptable to the Interim City Manager and the City Attorney, based upon an hourly rate and an amount not to exceed $100,000. The proposed ordinance also directs the Gordon & Rees, LLP, to file and diligently prosecute a lawsuit in the event that a suit becomes necessary, which was the same direction given to Mr. Barnett on February 22, 2007. Council Member Capetillo moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH GORDON & REES, LLP, FOR LEGAL SERVICES CONCERNING THE DESIGN AND CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER; AUTHORIZING GORDON & REES, LLP, TO SEEK REIMBURSEMENT FOR CERTAIN COSTS EXPENDED BY THE CITY CONCERNING THE DESIGN AND CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER; DIRECTING THE LAW FIRM TO FILE A LAWSUIT IN THE EVENT APPROPRIATE REIMBURSEMENT IS NOT TIMELY MADE; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 2007¬2008 budget process, it will be necessary to select a date so that accommodations can be reserved. Page 14 of 21 Minutes of the Regular Session Meeting— April 12, 2007 At the March 22, 2007 Council Meeting Council directed Staff to provide a selection of dates and topics for their consideration. Although there was a desire to hold another all-day session, conflicts in schedules do not appear to allow that before the start of the budget process. The most likely date appears to be Tuesday, May 1st from 4 pm to 9 pm. Our usual meeting space at the Country Club is not available and we are proposing to conduct this session in the Hullum Conference Room. Possible Topics for the Retreat are:  Comprehensive Plan Update  Council Reimbursement Policy  Budget Survey Process to improve the document  Curbside recycling  Reduce energy costs for the city Council discussed the topics and added the following items as possible topics:  Proactive Measures to Minimize Litter  Garage Sales – (Staff will research this item)  Junk Boat and Junk Boat Trailer Ordinances  Bond Program Items – (Steering Committee)  Adapt an annual evaluation process for the City Manager The items in bold print indicate the items where there was a consensus of Council that these items would be a starting point for the retreat agenda. Council Member Capetillo moved to approve the resolution as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 1,2007, AT 4:00 P.M. IN THE HULLUM CONFERENCE ROOM AT CITY HALL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution supporting House Bill 4038, as filed by Representative Charlie Howard on March 27, 2007, relating to the powers and duties of the Harris County Municipal Utility District No. 473 regarding road projects and the authority to impose a tax and issue bonds. Interim City Manager Leiper explained that the Proposed Resolution supports House Bill 4038, as filed by Representative Charlie Howard on March 27, 2007, relating to the powers and duties of the Harris County Municipal Utility District No. 473 (the "MUD") regarding road projects and the authority to Page 15 of 21 Minutes of the Regular Session Meeting— April 12, 2007 impose a tax and issue bonds. The MUD is an in-city municipal utility district designed to serve Spring Water Village, which is located on Thompson Road. In order to promote the orderly growth and development of the MUD and to provide essential road infrastructure to the MUD, the MUD is seeking special legislation to authorize the MUD to construct and finance certain major thoroughfares, arterial and collector roads and related improvements to serve the MUD. Such legislation is House Bill 4038, which was filed by Representative Charlie Howard on March 27, 2007, relates to the powers and duties of the MUD and provides authority to impose a tax and issue bonds. The proposed resolution supports such bill as filed and contains a finding that the acquisition of road powers by the MUD is an effective and economical means to provide essential road infrastructure to serve the MUD. Council Member Capetillo moved to approve the resolution as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 4038, AS FILED BY REPRESENTATIVE CHARLIE HOWARD ON MARCH 27, 2007, RELATING TO THE POWERS AND DUTIES OF THE HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473 REGARDING ROAD PROJECTS AND THE AUTHORITY TO IMPOSE A TAX AND ISSUE BONDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action regarding the possible annexation of property on east side of Cedar Bayou Stream, including the proposed Cedar Bayou Barge Terminal across from Roseland Park. Interim City Manager Leiper explained that the City has expressed concern at the barge terminal projects that have become active along Cedar Bayou Stream north of the Grand Park way (Highway/Spur 55). He told Council that a meeting was conducted with the U. S. Army Corps of Engineers (CORPS) regarding a time extension and modification of a permit originally submitted in 1979. The permit was revised and renewed in 1982 and then remained dormant until it was reactivated in 2005 to increase the permitted depth (only limited construction took place around the 1982 time frame). This project is directly across from Roseland Park where citizens of Baytown and visitors enjoy boating, hiking, fishing, sporting and recreational activities. Mr. Leiper explained that the City has also objected to the Notice for Extension of Time in connection with Dome Petrochemical, L.C.'s application for additional barge docks permitted by the CORPS in the Ward Road area. The original five-year permit was for three barge docks of which only one was constructed. The City opposes this extension because it believes that the construction of the two additional barge terminals is adverse to the public health, safety, and welfare of the citizens of Baytown Page 16 of 21 Minutes of the Regular Session Meeting— April 12, 2007 and will constitute a nuisance. This site is within the City of Baytown's extraterritorial jurisdiction and is within 320 feet of the city limits which is well within the 5,000 foot area where the City can regulate nuisances under Section 217.042 of the Texas Local Government Code. It is also located directly across from single-family and multi-family residences and the activity from the barge activity will be detrimental to these residences as well as the public at large. This site is one mile north of Roseland Park. During the March 22, 2007 Council Meeting, City Council discussed these issues and the proposed development of barge terminals along the north end of Cedar Bayou Stream and requested that an agenda item be prepared to discuss the option/impact of annexation of all or part of this area. Mr. Leiper told Council that under existing IDA agreement the City cannot annex land where IDA’s exists. So an ordinance to annex must exclude these type properties. With several citizens signing up to speak on this issue, Mayor DonCarlos called the first citizen as follows: Tom Kincaid: 4035 Wright Lane, Baytown, Texas (832) 556-8259 – Mr. Kincaid told Council that on March 29 the Houston Chronicle wrote an article that stated the City of Baytown wanted a louder voice in the Bayou’s traffic control. He stated that the article also reported that Calvin Mundinger recommended that the terminal should be at the mouth of the Bayou. Mr. Kincaid told Council that he lives in the neighborhood at the mouth of the Bayou and is not in favor of this recommendation. He stated that if the City gets a louder voice they need to consider the residential owners. Keith Coburn: 1224 Kilgore Road, Baytown, Texas - Mr. Coburn stated that annexation is a step favorable step to get ahead of future development. This thought process shows that Baytown Government recognizes the short comings of this situation. There are development issues on the eastern shores of Cedar Bayou, and as we annex we should have the opportunity to regulate to alleviate those development issues. Mr. Coburn resides on Kilgore Road and there are many considerations for our community and roadways and the development of same. Annexation will help us with these considerations. Calvin Mundinger: 411 North Burnet, Baytown, Texas (281) 424-3307 – Mr. Mundinger stated that Mr. Kincaid confronted him with the quote about the mouth of the Bayou and Ash Lake Community and this was a misquote. Mr. Mundinger addressed the map of the area to be annexed and the Industrial District Agreements. He stated that the annexation will include these properties as well as the bayou. The drilling regulations and requirements will require permits from the City and while there are limitations there are also opportunities to limit the barge operations within the city limits once the annexation occurs. Therefore, annexation may be a prudent path to follow. Ignacio Ramirez, City Attorney, explained the advantages and disadvantages of annexation of this tract of land as well as the difference between voluntary and involuntary annexations. Council engaged in discussion about heavy trucks and the regulations for the kind of roads that must be installed for heavy trucks. The Jennings property will access using a State Highway and once inside it will be a private property; therefore, the City will have not authority to regulate. However, if a subdivision is proposed in the private property then the City could regulate the roads in that subdivision. Page 17 of 21 Minutes of the Regular Session Meeting— April 12, 2007 The following roads are classified accordingly: 1405 is a heavy hall status. 99 is not a heavy haul. The connection to the Jennings property will be the Bayou. There was also discussion about the 1000 foot strip requirement for annexation. The 1,000 strip all along Highway 99 was discussed. Different scenarios for annexation were discussed and what different annexations would mean in terms of obligations by the City for services. Council Member Sheley moved that Staff prepare an annexation plan for a 1000 foot strip annexation beginning at the mouth of the bayou up to SH 146 Eastern Bank throughout the property, including the Jennings property. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. 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. Murray not sure how Council will work with the subcommittee since council is now naming streets. Mayor has spoken with Mr. Wilson. The committee is comfortable with the 30M base for repairs and is looking at projects for construction. CONSENT Mayor DonCarlos stated that item 4e will be pulled to be considered by itself as there is a conflict affidavit filed by Council Member Murray for this item. Council Member Sheley moved to approve the Consent agenda items 4a through 4d and 4f through 4h. Council Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. Page 18 of 21 Minutes of the Regular Session Meeting— April 12, 2007 Consider Proposed Ordinance granting permits to Enterprise GC, LP for two new 18-inch pipelines in an existing pipeline corridor. ORDINANCE NO. 10,587 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING PERMITS TO NTERPRISE GC, L.P., FOR TWO NEW PIPELINES AND ESTABLISHING THE AMOUNT OF EACH BOND; AUTHORIZING AND DIRECTING THE ACTING DIRECTOR OF ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual fire hydrants contract. ORDINANCE NO. 10,588 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FIRE HYDRANTS CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FIVE THOUSAND ONE HUNDRED TWENTY-ONE AND 85/100 DOLLARS ($25,121.85); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual repair clamps contract. ORDINANCE NO. 10,589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL REPAIR CLAMPS CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-EIGHT THOUSAND TWO HUNDRED SIXTEEN AND 16/100 DOLLARS ($68,216.16); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual fittings, valves and meter boxes contract. ORDINANCE NO. 10,590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FERGUSON WATERWORKS FOR THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY THOUSAND ONE HUNDRED SIXTY-THREE AND NO/100 DOLLARS ($40,163.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for roadway improvements on Garth Road near San Jacinto Mall. ORDINANCE NO. 10,591 Page 19 of 21 Minutes of the Regular Session Meeting— April 12, 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR FUNDING OF ROADWAY IMPROVEMENTS ON GARTH ROAD NEAR SAN JACINTO MALL WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution Adopting an Updated Travel Policy for City Council and City Staff. RESOLUTION NO. 1846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A TRAVEL POLICY, CONTAINING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the Chambers County Mosquito Control department to use aerial application methods for the purpose of mosquito control within that portion of Baytown that is within Chambers County. This is an annual requirement of the Federal Aviation Administration (FAA) to obtain approval from various area communities concerning the Chambers County Mosquito Control District’s aerial spraying program. Since a portion of the City of Baytown is in Chambers County, the Chambers County Mosquito Control District must obtain this permission from the City of Baytown to apply pesticides for the purpose of mosquito control in this area. RESOLUTION NO. 1847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Murray filed a conflict of interest affidavit and abstained from discussion and the vote on the following item: Consider Proposed Ordinance authorizing the Mayor and Exxonmobil Green Team Summer Youth Work Program. The Mayor explained the Exxonmobil Green Team Summer Youth Work Program. He told Council that the Mayor's Summer Youth Program was re-created by Council as a pilot program in April of 2006 and employed 10 Baytown youth between the ages of 16 - 18 for six weeks during the summer. This year, if approved, the Mayor and Exxonmobil Green Team Summer Youth Work Program will expand to employ twenty-five students. The students will be referred by Communities in Schools and interviewed and hired by City staff to begin work on Monday, June 18, 2007. The students hired will be assigned to Page 20 of 21 Minutes of the Regular Session Meeting— April 12, 2007 various city departments including Parks and Recreation, Health, Finance, City Clerk, Administration, Fire, Planning and the Library performing non-hazardous duties such as Administration, Fire, Planning and the Library performing non-hazardous duties such as picking up litter, painting, landscaping, lawn mowing, typing, filing and other clerical/receptionist duties. Funds for the Program have been donated by various businesses and local industry and are available in the Summer Youth Job Program Fund 280. The proposed ordinance authorizes the expenditure of such funds in an amount not to exceed $90,000. There will be no cost to the City. Council Member Mahan moved to approve the ordinance as submitted. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Mahan, and Sheley Mayor DonCarlos Nays: None Council Member Murray did not vote on this item. The motion carried. APPOINTMENTS Consider confirmation of the Mayor’s appointment to the Baytown Housing Authority Board (1). This item was not ready. Consider confirmation of the Mayor's appointments to the Baytown Housing Finance Corporation Board (1). This item was not ready. MANAGER'S REPORT  Special Olympics - The Baytown Special Olympics Track Meet will take place at Memorial Pete Sultis Stadium Saturday, April 21, 2007 with opening ceremonies will beginning at 9:30 a.m. and competition beginning at 10 a.m. Volunteers are welcome and needed between 8:00 a.m. and 4:00 p.m. The City of Baytown supports the local and area Special Olympics programs and encourages participation in all hosted and co-sponsored events. A few are listed below: Baytown Track & Field Meet -Hosted and coordinated by the City of Baytown, this annual event draws teams from all over the Greater Houston / Gulf Coast area. Baytown Special Olympics Track Meet @ Memorial Pete Sultis Stadium on Saturday, April 21, 2007, at 10:00 a.m. This annual event hosts teams from all over the Greater Houston / Gulf Coast area. Over 200 athletes compete in track and field events for the opportunity to advance to Page 21 of 21 Minutes of the Regular Session Meeting— April 12, 2007 the Greater Houston Regional Track Meet. Over 100 volunteers from local businesses, clubs and organization assist throughout the day.  Trash-Off Set for April 14, 2007 - The 7th Annual City of Baytown Health Department Don't Mess With Texas Trash-Off event is scheduled for April 14, 2007. The main registration and celebration site will be held at the Eddie V. Gray Wetlands Education and Recreation Center, 1724 Market. Residents will be able to drop-off old furniture, junk, appliances, scrap metal, remodeling debris, and trash from 8:00 AM to 1:00 PM.  General Obligation Bond Committee Work- Update on activities of the General Obligation Bond Committees Receive an update on activities of the General Obligation Bond Committees  Downtown Public Spaces Improvement Grant - Update on the progress of the Downtown Public Spaces Improvement Program. Receive an update on the progress of the Downtown Public Spaces Improvement Program for which we received a $25,000 H-GAC grant. The City is required to provide an equal match with in-kind and in-house services. ADJOURN Council Member Murray moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried With no additional business the meeting adjourned at 8:33 p.m. ______________________________ Lorri Coody, City Clerk