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2007 04 26 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 26, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 26, 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, III 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 was absent due to a death in the family. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present. Service Award Mayor DonCarlos, along with Council Member Mahan and Mr. Coleman Godwin, made a service award presentation to the family Joe Frank Robins honoring him for his many years of community service to the City of Baytown. The award was accepted by his wife, Noreen and his family. Mayor DonCarlos stated that Mr. Robins served the citizens of Baytown in many ways and for many years throughout his life. His service continued up until his death as he was serving on two boards: The Community Development Advisory Committee and the Urban Standards Review Board by the Mayor and Sammy Mahan along with Coleman Godwin. He will be greatly missed. Firefighter for a Day Award Mark Medrano along with firefighters from the Baytown Police Department made a presentation to Mayor DonCarlos for being a firefighter for a day. The Mayor was presented a helmet by Mr. Medrano on behalf of Chief Blake and the Department along with a shadow box of mementos for his day of service as a firefighter. The Mayor thanked the firefighters and stated that a firefighter’s job is hot and difficult and as a result he does not want to be a firefighter, but appreciates them very, very much. Page 2 of 18 Minutes of the Regular Session Meeting— April 26, 2007 MINUTES Consider approval of the minutes for the Regular Council Meeting and the Work Session Meeting held on April 12, 2007. Council Member Sheley moved to approve the minutes. 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 CITIZENS COMMUNICATIONS AND RECOGNITIONS March Youth of the Month Mayor DonCarlos made the presentation to Yoanna Cantu who is a senior at Robert E. Lee High School who has excelled in the area of academics as a 4-Time National Honor Roll student. Yoanna is the head officer for the Robert E. Lee Celebrities, president of the Spanish Club, Student Council representative, head trainer for the National Hispanic Institute – Baytown Team, and a 4-Time All American Dancer. Yoanna is also the 2006 Homecoming Queen. She was honored with the invitation to participate in the 2006 Macy’s Thanksgiving Day Parade in New York City and the National Hispanic Institute’s Collegiate World Series in Indianapolis, Indiana. Yoanna has volunteered countless hours of community service by collecting food for the needy, participating in Relay for Life and assisting with the children at the Baytown Community Center immediately following Hurricane Katrina. She is an outstanding asset to the Goose Creek Independent School District and the City of Baytown. Today we honor her for her hard work and dedication. Citizens Communications Mr. Walter Bruce Harrell is requesting to address Council concerning 2300 Taft Circle for a stay of the demolition order in order to allow a rehabilitation of the property. Mr. Harrell was not present when this item was called. Mr. Kenneth Sheldrick is requesting to address Council concerning 2300 Taft Circle for a stay of the demolition order in order to allow a rehabilitation of the property. Mr. Sheldrick was not present when this item was called. Page 3 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Mr. Michael Tanous is requesting to address Council concerning 2300 Taft Circle for a stay of the demolition order in order to allow a rehabilitation of the property. Mr. Tanous was not present when this item was called, but sent a signed communication to Council reporting that he did not request this audience and the signature on the request was not his. BUSINESS ITEMS Proposed Ordinances Consider Proposed Ordinance awarding to MLG Construction Company housing rehabilitation projects located at 104 Graham Street, 3012 Market Street, and 402 E. Hunnicutt Street. Interim City Manger Leiper explained that the Proposed Ordinance awards three housing rehabilitation projects to MLG Construction Company. The projects are described as follows: 1) The housing rehabilitation project located at 104 Graham Street in the amount of $46,700 to build a two bedroom, one bath, 890 square foot home. The existing structure and its occupants have been approved to participate in the Owner-Occupied Housing Rehabilitation Program for low-income households. The existing 892 square foot home was built in 1948 and is in need of extensive repairs. Staff recommends reconstruction due to the estimated cost of repairs exceeding $30,702 to bring the structure into current code compliance. The project was previously bid in February with no responses. The project was re-bid with two other projects. Three contractors picked up bid packages and attended the mandatory pre-bid conference. One sealed bid was returned and two no-bid forms were submitted. 2) The housing rehabilitation project located at 3012 Market Street in the amount of $46,700 to build a two bedroom, one bath, 890 square foot home. The existing structure and its occupants have been approved to participate in the Owner-Occupied Housing Rehabilitation Program for low-income households. The existing 1,520 square foot home was built in 1948 and is in need of extensive repairs. Staff recommends reconstruction due to the estimated cost of repairs exceeding $39,395 to bring the structure into current code compliance. Three contractors picked up bid packages and attended the mandatory pre-bid conference. One sealed bid was returned and two no-bid forms were submitted. 3) The housing rehabilitation project located at 402 E. Hunnicutt Street in the amount of $53,300 to build a three bedroom, one bath, 1,050 square foot home. The existing structure and its occupants have been approved to participate in the Owner-Occupied Housing Rehabilitation Program for low-income households. The existing 744 square foot home was built in 1930 and is in need of extensive repairs. Staff recommends reconstruction due to the estimated cost of repairs exceeding $39,500 to bring the structure into current code compliance. The new 3-bedroom/1-bath home will accommodate the single mother and her two children. The project was previously bid in Page 4 of 18 Minutes of the Regular Session Meeting— April 26, 2007 February with no responses. The project was re-bid with two other projects. Three contractors picked up bid packages and attended the mandatory pre-bid conference. One sealed bid was returned and two no-bid forms were submitted. Council Member Caskey moved to approve the Ordinance as submitted. 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. 10,593 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MLG CONSTRUCTION COMPANY FOR HOUSING REHABILITATION PROJECTS LOCATED AT 104 GRAHAM STREET, 3012 MARKET STREET, AND 402 E. HUNNICUTT STREET; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED FORTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($146,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the 2007 Water Service Line Relocation Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $43,671.60 to Dan's Commercial Plumbing, LLC, for the 2007 Water Service Line Relocation Project. The scope of work includes the connection of water services from the new water service tap in the street right-of way to each house's existing point of entry on the completed relocation of waterlines done on N. Holly, Burnet, Hackberry, Mayhaw, North Pruett and W. Homan. The estimated construction cost for this project was $50,000. Two bids were received. The construction duration is 120 calendar days. This design was done in-house by the engineering department. Council Member Caskey moved to approve the Ordinance as submitted. 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 5 of 18 Minutes of the Regular Session Meeting— April 26, 2007 ORDINANCE NO. 10,594 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 2007 WATER SERVICE LINE RELOCATION PROJECT; AUTHORIZING PAYMENT OF A SUM OF FORTYTHREE THOUSAND SIX HUNDRED SEVENTY-ONE AND 60/100 DOLLARS ($43,671.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an agreement for advertising services with the Bayou Bowl Association for the 2007 Bayou Bowl. Interim City Manager Leiper explained that the Proposed Ordinance authorizes an agreement for advertising services with the Bayou Bowl Association for the 2007 Bayou Bowl. Funding for the agreement will be from the Hotel Occupancy Tax fund and will not exceed $55,000. These funds would be utilized to provide advertising and promotional programs to attract tourists to the City in a manner that directly enhances and promotes tourism and the convention and hotel industry and provides administrative costs directly attributable to such advertising and promotional programs. The Bayou Bowl matches high school players from Louisiana against Texas high school players. The first Bayou Bowl was held during the summer of 2003. Council discussed that this year’s bayou bowl game will have NFL network coverage as well as live coverage from Fox sports. The consensus of Council was that this type of TV coverage of this event will bring attention to Baytown. 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, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,595 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 ADVERTISING SERVICES WITH THE BAYOU BOWL ASSOCIATION FOR THE 2007 BAYOU BOWL; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTYFIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Consider Proposed Ordinance authorizing an advance funding agreement with the State of Texas for the Texas Avenue Streetscape Project. Interim City Manager Leiper explained that the Proposed Ordinance authorizes an advance funding agreement with the State of Texas for the Texas Avenue Streetscape Project. The Project will entail streetscape improvements on Texas Avenue from N. Main Street to Decker Drive. Under the agreement, the City is responsible for the preliminary engineering, the design plans, specifications and estimates, accomplishing the adjustment of the utilities if needed, and any acquisition of right-of-way. Under the Agreement, the State will secure the federal cost share, review the engineering, let the construction contract, provide construction inspection services, and provide other items as required. The federal cost share will not exceed $700,000 – 589,743.59 for streetscape improvements and $110,256.41 for the State’s direct costs, including plan review, inspection services and oversight. Council Member Sheley moved to approve the Ordinance as submitted. 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. ORDINANCE NO. 10,596 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 ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE TEXAS AVENUE STREETSCAPE PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance making a change in the City of Baytown’s Fiscal Year 2006- 2007 budget for municipal purposes in order to reprogram funds in the Street Maintenance Sales Tax Contingency Fund for three paving repair projects. Interim City Manager Leiper explained that the Proposed Ordinance makes a change in the City of Baytown’s Fiscal Year 2006-2007 budget for municipal purposes in order to reprogram funds in the Street Maintenance Sales Tax Contingency Fund for three paving repair projects. These projects are the Oak Street/Texas Avenue landscape and paving project, repairs to East Wye Drive, and repairs to the intersection of Felton and Maplewood streets. These projects are beyond the scope of both the mill and overlay program and the contract concrete repair program; however, they are considered too small to be included in a bond project, especially in light of the demand for bond street reconstruction. The projects will be designed in-house and will be managed by Engineering and Public Works personnel. The proposed ordinance reprograms $340,000 for the three pavement repair projects. Page 7 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Mr. Leiper explained the three projects. The detail on these projects is as follows: $200,000 for the Texas Avenue/Oak Tree Median and Paving The project combines the Texas Avenue Landscaping project with repaving a small portion of Texas Avenue. It was originally intended to expand the median around the Oak Tree to provide improved appearance, protection, irrigation and aeration for the tree. Due to the concerns of the construction impact on the health of the tree and to minimize the future impacts of road construction on the tree, it was decided to remove and repave the section around the tree when the median is enlarged. There is also an old storm drainage box that crosses Texas Ave. in this area that is in need of replacing. The box has concrete and brick sides and a dirt bottom. It is preferable to remove and replace this drainage structure while the adjacent roadwork is performed rather than come back and replace it later. A portion of this drainage work will be funded by capital drainage funds. An urban forester was retained to assess the tree's ability to endure a construction project and to set the construction restrictions. Based on the identified area of repaving and the construction restrictions recommended by the urban forester, this project is estimated to cost $200,000, including the services of the urban forester during the construction phase. $85,000 for the East Wye Drive Paving East Wye Drive is the primary access roadway for the Fire Administration Building, Robert Merchant Police Academy and new Emergency Operating Center. It also serves as a secondary access roadway for the Police Department, Municipal Court and Jail. The portion of East Wye Drive around the Fire Administration building was not designed or constructed to meet the demands of this traffic, especially the construction activity of the Police Academy and EOC. There are numerous failures and patches. The failed areas of roadway need to be reconstructed to appropriate engineering standards to provide long term service and improved access for a large number of public safety vehicles and patrons. $55,000 for the Felton/Maplewood Intersection Paving This intersection has considerable traffic flows since it serves to link the Memorial Drive area to the Pruett Avenue area. The contract concrete repair program is utilized to complete repairs to limited portions of concrete roadways, usually one or two panels. This intersection has had several small patches and repairs to eliminate exposed rebar but is in need of replacement of five or six panels including driveway approaches on Maplewood and Felton. This is beyond the scope of the contract concrete repair program but is appropriate for the use of Street Maintenance Sales Tax funds. There is no shortage of worthy street repair projects. Attempts are made to fit the needed repairs within an existing program to improve the roadways in Baytown. These three projects utilize eligible funding from the Street Maintenance Sales Tax Program without impacting ongoing programs while accomplishing necessary repairs on roadway portions that are traveled by a significant number of vehicles. Council Member Sheley moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Page 8 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2006-2007 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE STREET MAINTENANCE SALES TAX CONTINGENCY FUND FOR THREE PAVEMENT REPAIR PROJECTS; MAKING OTHER REPRESENTATIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the City Attorney to take actions necessary to acquire an easement from Gaither Petroleum Corporation through proceedings in eminent domain. Interim City Manager Leiper explained that the Proposed Resolution authorizes the City Attorney to take actions necessary to acquire an easement from Gaither Petroleum Corporation (“Gaither”) through proceedings in eminent domain. The City has been working with Gaither to obtain the easement for quite some time, but such efforts have been unsuccessful although the City has agreed to include much of the language Gaither’s representatives have requested. The sticking point seems to be that Gaither wants the City to indemnify it and add it as additional insured’s on the City’s general liability policy. The City has explained that the City is constitutionally prohibited from indemnifying anyone and does not add anyone as an additional insured on its policies. However, the City agreed to include in its construction documents that the City’s contractor will indemnify it and add it as an additional insured for work performed on Gaither’s property. Unfortunately, even with the additional language, Gaither has refused to sign the easement which is required to complete the Bowie Street Drainage Project. The design of this project started in March of 2004 and the City has been trying to obtain easements since January 2005. Council Member Sheley moved to approve the Resolution as submitted. 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 9 of 18 Minutes of the Regular Session Meeting— April 26, 2007 RESOLUTION NO. 1848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY TO ACQUIRE AN EASEMENT FROM GAITHER PETROLEUM CORPORATION THROUGH PROCEEDINGS IN EMINENT DOMAIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolutions Consider Proposed Resolution supporting Project Stars and expressing its intent to participate in the development of corridor design standards as sponsored by The Economic Alliance Houston Port Region. This item was not ready. Consider Proposed Resolution granting the petition of 219-I.H. 10, Ltd., a Texas limited partnership, I.H. Ten-70, Ltd., a Texas limited partnership, I.H. Ten-116, Ltd., a Texas limited partnership, Baytown Riceland Venture, JV, a Texas joint venture, and Ten Main- Baytown, Ltd., a Texas limited partnership, concerning the annexation of a 571.841-acre tract of land being a 116.133-acre tract described as of Tracts 1, 2, 3, 4, and 5 in the Warranty Deed with Vendor’s Lien recorded under Harris County Clerk’s File No. F592126 of the real property records of Harris County, Texas; a 69.95-acre tract described in the General Warranty Deed recorded under Harris County Clerk’s File No. G061967 of the real property records of Harris County, Texas, a 116.00-acre tract described in the General Warranty Deed recorded under Harris County Clerk’s File No. G061963, a 43.31- acre tract described in the Special Warranty Deed with Vendor’s Lien Recorded under Harris County Clerk’s File No. T086062, and a 226.453-acre tract described under Harris County Clerk’s File No. G350652. Interim City Manager Leiper explained that the Proposed Resolution grants the petition of 219- I.H. 10, Ltd., a Texas limited partnership, I.H. Ten-70, Ltd., a Texas limited partnership, I.H. Ten-116, Ltd., a Texas limited partnership, Baytown Riceland Venture, JV, a Texas joint venture, and Ten Main-Baytown, Ltd., a Texas limited partnership, concerning the annexation of a 571.841-acre tract of land being a 116.133-acre tract described as of Tracts 1, 2, 3, 4, and 5 in the Warranty Deed with Vendor’s Lien recorded under Harris County Clerk’s File No. F592126 of the real property records of Harris County, Texas; a 69.95-acre tract described in the General Warranty Deed recorded under Harris County Clerk’s File No. G061967 of the real property records of Harris County, Texas, a 116.00-acre tract described in the General Warranty Deed recorded under Harris County Clerk’s File No. G061963, a 43.31-acre tract described in the Special Warranty Deed with Vendor’s Lien Recorded under Harris County Clerk’s File No. T086062, and a 226.453-acre tract described under Harris County Clerk’s File No. G350652. This 571.841 acre tract of land is contiguous to the city limits of Baytown; is currently vacant and without residents and will be developed as residential and commercial property. The property is located to the north of I-10 near N. Main Street. The property is proposed for development as a mix of residential and commercial. Page 10 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Discussion was had concerning the amount of fees that must be paid by the developer to go through an annexation of this size. Mr. Leiper explained that the work on the annexation is the same regardless of the size of the land and that currently there are no fees for annexation filings. There were other questions about annexations and Municipal Development Districts and Mr. Leiper fielded these questions accordingly. Council Member Capetillo moved to approve the Resolution as submitted. 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. 1849 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF 219-I.H. 10, LTD., A TEXAS LIMITED PARTNERSHIP, I.H. TEN-70, LTD., A TEXAS LIMITED PARTNERSHIP, I.H. TEN-116, LTD., A TEXAS LIMITED PARTNERSHIP, BAYTOWN RICELAND VENTURE, JV, A TEXAS JOINT VENTURE, AND TEN MAIN-BAYTOWN, LTD., A TEXAS LIMITED PARTNERSHIP, CONCERNING THE ANNEXATION OF A 571.841 ACRE TRACT OF LAND BEING A I16.133-ACRE TRACT DESCRIBED AS OF TRACTS 1, 2, 3, 4, AND 5 IN THE WARRANTY DEED WITH VENDOR'S LIEN RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. F592126 OF THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS; A 69.95-ACRE TRACT DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061967 OF THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS, A 116.00-ACRE TRACT DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061963, A 43.31-ACRE TRACT DESCRIBED IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. T086062, AND A 226.453-ACRE TRACT DESCRIBED UNDER HARRIS COUNTY CLERK'S FILE NO. G350652; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution granting the petition of Betty L. Criddle, independently and as sole heir, trustee, and executrix of the Estates of C.D. Moneyhon and Jonnie Mae Moneyhon, and Sanco Partnership, Ltd, concerning the annexation of a fifty-foot strip of land adjacent to the east right-of-way of N. Main Street, out of Tracts 3B, 3C, 3F, 3G and 51, Abstract 21, of the G. Ellis Survey, Harris County Texas. Interim City Manager Leiper explained that the Proposed Resolution grants the petition of Betty L. Criddle, independently and as sole heir, trustee, and executrix of the Estates of C.D. Moneyhon and Jonnie Mae Moneyhon, and Sanco Partnership, Ltd, concerning the annexation of Page 11 of 18 Minutes of the Regular Session Meeting— April 26, 2007 a fifty-foot strip of land adjacent to the east right-of-way of N. Main Street, out of Tracts 3B, 3C, 3F, 3G and 51, Abstract 21, of the G. Ellis Survey, Harris County Texas. This tract of land is contiguous to the city limits of Baytown; is currently vacant and without residents and will be continue to be vacant. The property is located to the north of I-10 east of N. Main Street and is one of several annexations which will be necessary in order for the City to annex the Goose Creek Consolidated Independent School District’s proposed new high school located at Wallisville Road and N. Main Street so that the District may receive City services, including, fire, police, EMS, water, wastewater, etc., at that site. Council Member Sheley moved to approve the Resolution as submitted. 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. 1850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BETTY L. CRIDDLE, INDEPENDENTLY AND AS SOLE HEIR, TRUSTEE, AND EXECUTRIX OF THE ESTATES OF CD. MONEYHON AND JONNIE MAE MONEYHON, AND SANCO PARTNERSHIP, LTD, CONCERNING THE ANNEXATION OF A FIFTY-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT- OF-WAY OF N. MAIN STREET, OUT OF TRACTS 3B, 3C, 3F, 3G AND 51, ABSTRACT 21, OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution supporting House Bill 4017, as filed by Representative Wayne Smith on March 23, 2007, relating to the creation of the Harris County Municipal Utility District No. 510, providing authority to impose a tax and issue bonds, and granting the power of eminent domain. Interim City Manager Leiper explained that the Proposed Resolution supports House Bill 4017, as filed by Representative Wayne Smith on March 23, 2007, relating to the creation of the Harris County Municipal Utility District No. 510 (the “MUD), providing authority to impose a tax and issue bonds, and granting the power of eminent domain. The MUD will be an in-city municipal utility district located north of I-10 near N. Main Street. The proposed resolution supports the House Bill as filed. Should the legislation pass, the MUD will later seek the City’s consent for creation. This property is also on the agenda to begin the annexation process. The support for MUD creation is contingent upon successful annexation into the City of Baytown. Council Member Murray moved to approve the Resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Page 12 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 4017 AS FILED BY REPRESENTATIVE WAYNE SMITH ON MARCH 23, 2007,'RELATING TO THE CREATION OF THE HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 510, PROVIDING AUTHORITY TO IMPOSE A TAX AND ISSUE BONDS, AND GRANTING THE POWER OF EMINENT DOMAINAND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motions Consider proposed revisions to Year Four of the 2001 Street Bond Program to authorize the use of funds from street, drainage, and water and sewer construction funds, to approve the revised street list; and to authorize the advertisement of bids for the reconstruction of Kilgore Road and selected segment of Bob Smith Road. Interim City Manager Leiper explained that the City Council approved the allocation of funds for Year Four of the 2001 Street Bond Program in May of 2006 and approved the selection of streets in Districts One and Three in July of 2006; however, in December of 2006, the cost estimates from the preliminary design exceeded the funds available to complete all of selected streets. In subsequent discussions, staff was directed to develop an alternative plan to allow the implementation of street reconstruction under Year Four of the 2001 Street Bond Program. After reviewing options and alternatives which included such measures as cancelling certain projects entirely or replacing the allocation for Year One of the planned 2007 Street Bonds, staff has developed a recommended funding plan to allow Year Four to proceed with minimal change in scope. The proposed plan draws funds from three different sources, reschedules a wastewater rehabilitation project and reduces the size of District One and District Three street funding. Page 13 of 18 Minutes of the Regular Session Meeting— April 26, 2007 YEAR FOUR STREET BONDS FUNDING PROPOSAL (use 2008 W&S funds, 2001 drainage bonds and reduce District 1 & 3 to $1M) Drainage 2001 GO Bonds W&S Fund Fund Fund paving of Kilgore and Bob Smith from GO Bonds $2,671,000 Fund Kilgore and Bob Smith utilities from (1) TWDB project savings on Lakewood & West Baytown projects, and (2) utilize finding for the Central Heights Sewer Project, moving it to 2008 and add this amount to 2007-2008 W&S bond sale $1,357,000 Fund Kilgore regional drainage work from 2001 drainage GO bonds $567,000 Fund Districts One and Three at $500,000 each (reduced from $772,603 each) $1,000,000 Totals $3,671,000 $1,357,000 $567,000 PROJECT TOTAL $5,595,000 REVISED STREET SELECTIONS District One West Gulf Laredo Hwy 146 $352,000 Shilling Garth Dead End $101,000 District Three Caldwell Robin North Holly $330,000 Rollingwood Decker North Burnet $212,000 Total $995,000 The above proposed action will adopt this funding and allocation plan, approve the advertisement of bids for Kilgore and Bob Smith as soon as the plans are complete, and authorize negotiation of a contract for final design on the revised list of streets for Districts One and Three. Council Member Capetillo has agreed to revise his request for Year Four to Caldwell Street and Rollingwood Drive at an estimated cost of $542,000. Council Member Renteria has agreed to revise his request for Year Four Streets to West Gulf and Schilling at an estimated cost of $453,000. Page 14 of 18 Minutes of the Regular Session Meeting— April 26, 2007 If this plan is approved, final design on Kilgore and Bob Smith will continue with advertisement for bids, which will be expected in early fall with construction commencing around Thanksgiving. The PER on District One and Three streets will be finalized in the next 30 days, and a contract will be presented for final design to Council for consideration in the near future. Council Member Capetillo moved to approve the proposal as submitted. 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. Council Member Mahan recognized Interim City Manager Leiper for his hard work in getting this done. The Mayor thanked Council Members Capetillo and Renteria and Mr. Leiper thanked his staff. Reports Receive quarterly investment report for the period ending March 31, 2007 for the City of Baytown. Ms. Andrea Deaton, Assistant Director of Finance presented the City of Baytown’s Investment Report for the quarter ended March 31, 2007. The report was presented in accordance with the Public Funds Investment Act Section 2256-023 (a) and (b). Council received the report. Receive quarterly financial reports for the period ended March 31, 2007 for the City of Baytown. Ms. Andrea Deaton, Assistant Director of Finance presented the City of Baytown’s Financial Report for the quarter ended March 31, 2007. The report was received. CONSENT Council Member Mahan moved to approve the Consent agenda items 4a through 4c. Council Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Page 15 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Consider Proposed Ordinance authorizing an agreement with Hugh L. Landrum & Associates, Inc. for the appraisal of the Baytown Industrial Districts. ORDINANCE NO. 10,598 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 A CONTRACT WITH HUGH L. LANDRUM & ASSOCIATES, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($32,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving final payment to Angel Brothers, Enterprises LTD, and accepting the 2006 Mill & Overlay Project. ORDINANCE NO. 10,599 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2006 MILL & OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO HUNDRED SIXTY-SIX THOUSAND FOUR HUNDRED THIRTY AND 53/100 DOLLARS ($266,430.53) TO ANGEL BROTHERS, ENTERPRISES LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the Interim City Manager to apply to U.S. Department of Homeland Security for the 2007 Assistance to Firefighters Grant for firefighter safety equipment, technical rescue training and for the purchase of an emergency medical services mobile intensive care unit. RESOLUTION NO. 1852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION TO U. S. DEPARTMENT OF HOMELAND SECURITY FOR A 2007 ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF THREE HUNDRED THIRTYTHREE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($333,578.00) FOR THE PURPOSE OF PROVIDING FOR FIREFIGHTER SAFETY EQUIPMENT, TECHNICAL RESCUE TRAINING, AND AN EMERGENCY MEDICAL SERVICES MOBILE INTENSIVE CARE UNIT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING EIGHTY- SIX THOUSAND SEVENTY-THREE AND NO/100 DOLLARS ($86,073.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 18 Minutes of the Regular Session Meeting— April 26, 2007 APPOINTMENTS Consider confirmation of the Mayor's appointments 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. Consider appointment to the Community Development Advisory Committee (1). This item was not ready. Consider appointment to the Urban Rehabilitation Standards Review Board (1). This item was not ready. 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 an emergency services training site. Mayor DonCarlos announced a recess at 7:26 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 an emergency services training site. At 7:45 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. MANAGER'S REPORT Receive update on Library Grants. Katherine Brown, City Librarian gave an update on the following Library grants received by her department:  Texas Folk Festival Grant for $2500  $5000 for software packages (literacy packages)  $5000 from ExxonMobil for Science  $5000 from ExxonMobil for Literacy Page 17 of 18 Minutes of the Regular Session Meeting— April 26, 2007  $5000 from ExxonMobil for Arts  $10000 by ExxonMobil for laptop computers Ms. Brown closed the presentation by stating that her department is always looking for creative funding. She gave recognition to her staff that prepared and applied for these grants. The EOC Ribbon Cutting will be held on May 22, 2007 at 5:00 p.m. Receive Departmental Presentations from Planning and Development Services. Kimberly Brooks, Interim Planning Manager, opened the presentation for the Planning and Development Services department. She recognized all staff present and explained that this department is composed of three divisions of which she will explain the functions of the Planning Division. Planning Division Ms. Brooks stated that the planning division oversees five major areas of activities. These areas are:  Long Range Planning  The Sub-Division Ordinance  The Landscape Ordinance  The Zoning Ordinance  The Tower Ordinance Ms. Brooks fielded questions about each area as needed. Community Development Block Grant (CDAC) Division This division of the Planning and Development Services Department was presented by Tiffany Foster. Ms. Foster reviewed the Core Services of the CDAC Division as follows:  Homebuyers’ Assistance  Homebuyers’ Counseling Workshops  Owner-Occupied Housing Rehabilitation  Single-Family Housing Rental Inspections  Demolition of Structures (Monitor Owner-Compliant Repairs)  Senior/Disabled Citizens Transportation  CDBG Residential Sewer Line Repair & Replacement  Fair Housing  CDBG Funding  Monitoring of CDBG-Funded Programs  Staff support to the Community Development Advisory Committee  Staff support to the Urban Rehabilitation Standards Review Board Page 18 of 18 Minutes of the Regular Session Meeting— April 26, 2007 Ms. Foster reviewed the CDAC Budget and the following Programs the Division oversees:  Homebuyers’ Assistance Program;  Homebuyers’ Counseling Workshop;  Owner-Occupied Housing Rehabilitation Program;  Single-Family Housing Rental Inspection Program;  Demolition of Structures;  Senior/Disabled Citizens Transportation; and  Other Programs Building Services Division Mark Stelly gave the presentation for the Building Services Division. He began with the Division’s Mission Statement and Organizational Chart. Mr. Stelly explained to Council the Division’s Core Services and gave a brief description of each area’s responsibility and service provided. The core services explained were:  Building Code Enforcement  Zoning Enforcement  Plan Review  Permits and Licenses  Inspections  Floodplain Management  Citizen Education  Services - Support Mr. Stelly closed his presentation with the Accreditations held by the members of this Division. ADJOURN Assistant City Manager Knauf reminded Council Members that their City Manager Profiles are due on Monday. Council Member Capetillo moved to adjourn the meeting. 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. With no additional business the meeting adjourned at 8:12 p.m. ______________________________ Lorri Coody, City Clerk