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2007 05 22 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 22, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on May 22, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Scott Sheley Council Member Sammy Mahan Council Member Don Murray Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Interim 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 Special Work Session Meeting held on May 1, 2007 and the Regular Council Meeting and the Work Session Meeting held on May 10, 2007. Council Member Sheley moved to approve the minutes as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Ms. Amy Smith has requested to address Council concerning the customer service provided by some of the City's employees. Ms. Smith addressed Council about a letter she had received concerning the need for removal of a vehicle from her driveway. Upon receiving the letter, she removed the vehicle and called the City to inform them of the removal. Since she did not get to speak with the person in charge of vehicle removals, she left a message. She told Council that when she did not receive a call back Page 2 of 18 Minutes of the Special Session Meeting— May 22, 2007 after some three days, she called back and finally got to speak with someone. She explained to Council that she felt like she did not get very good customer service. She stated she believes the City spends a good sum of money on studies and needless items yet she cannot get the service she needs when she needs it. She feels City government is a monopoly. She told Council she wants the services she pays for and deserves. She wants Council to review the performance of City employees to insure they are providing good customer service and she wants Council to insure that the City is being run like a business. Mayor DonCarlos thanked her for coming and called the next item on the agenda as follows: Mr. Porter Flewellen has requested to address Council regarding the environmental stewardship of young students. Mr. Flewellen gave a presentation concerning litter and waste and the affects of same on Baytown’s environment. He told Council that he believes educating our youth and providing incentives to learn and promote the importance of our environment are essential in addressing the litter problem in Baytown. He told Council that education promotes strong family values. Adding educational programs in the schools about litter provides the opportunity for the children to become teachers and share information with their parents in order that they become more aware of the problems with our environment. The students are Baytown’s future. This concept is a change that can alter the path of Baytown’s future. The fast track ways of solving the litter problem in Baytown that were mentioned in the paper will not work. A band aid is not the answer. The answer to the litter problem in Baytown is involvement, education, and reward. Recognition of City of Baytown from Relay for Life A presentation was made to Mayor DonCarlos by Relay for Life, which recognized the City of Baytown for its support of this program. Recognition of the Lee College Tennis Team This item was not ready. Presentation of the Youth of the Month Award Mayor DonCarlos made the presentation to Joshua Jagnanan who is a senior at Ross Sterling High School and has excelled in the area of academics by ranking in the top five of his graduating class. Joshua has received honors as a National Honor Roll student, Who’s Who Among American High School Students and the President’s Education Award for making all A’s during his high school career. Joshua volunteers countless hours by assisting at St. James Nursing Home, Relay for Life, Christmas Toy Drive, Baytown Halloween Carnival, Baytown Special Rodeo, Special Olympics and the Ho Ho Ho Scavenger Hunt. He is the Senior Representative for the American Red Cross Club, Good Sportsmanship League, Student Council, President of Fellowship Christian Athletes, Ranger Leader, Texas Boys State Delegate and the recipient of the Hugh O’Brian Youth Page 3 of 18 Minutes of the Special Session Meeting— May 22, 2007 Leadership Award. As President of the Key Club, Joshua has been the driving force behind the increase in membership and service projects. For this reason he was recently named the “Leader of Leaders” by the Texas Oklahoma District. He actively participates in the Psychology Club, the UIL Calculator Team, Mathematics Team, Science Team and the Christian Student Union. Joshua is also the Captain of the Ross Sterling Varsity Tennis Team where he and his double’s partner Ryan Woods were the District Champions and qualified for the Regional Tennis Tournament. Joshua is an asset to Sterling High School and the entire City of Baytown. Today we honor him for his outstanding achievements and thank him for his desire to serve and give back to this community. We congratulate him and wish him the very best in his future endeavors. Canvass the returns of the City of Baytown’s regular and special election held on May 12, 2007. Interim City Manager Leiper explained that pursuant to Chapter 67 of the Election Code, the “canvass” is the name given to the official examination of the votes cast in an election. Every general and special election held in Texas must be canvassed, per Sections 67.001-67.002 of the Election Code. The law imposes an unavoidable duty on political subdivisions to canvass elections in an official meeting in order to formally accept the results of an election. Pursuant to Section 67.002 of the Election Code requiring the canvass of precinct returns, the City Council conducted the official canvass. The results were as follows: Councilmember, District 1 Lena Yepez 267 Mercedes Renteria III 265 Total 532 Councilmember, District 2 Scott Sheley 245 Councilmember, District 3 Brandon Capetillo 722 Proposition 1 For 2258 Against 3164 Total 5422 Page 4 of 18 Minutes of the Special Session Meeting— May 22, 2007 Consider Proposed Resolution declaring the results of the regular election subject to the recount. Interim City Manager Leiper explained that the Proposed Resolution declares the results of the regular election subject to the recount. Council Member Murray moved to approve the Resolution as presented, declaring the results of the regular election. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE REGULAR ELECTION HELD WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, ON THE 12™ DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance declaring the results of the special election, which submitted to the electors a proposed initiative ordinance which reinstates the previous smoking ordinance which was in effect on November 6, 2006, and which, in part, (i) allows certain establishments, including restaurants, to establish designated smoking areas; provided that a separate ventilation system is installed that prevents the commingling of air and (ii) allows smoking in bars that do not contain a dining area. Interim City Manager Leiper explained that the Proposed Ordinance declares the results of the special election, which submitted to the electors a proposed initiative ordinance which reinstates the previous smoking ordinance which was in effect on November 6, 2006, and which, in part, (i) allows certain establishments, including restaurants, to establish designated smoking areas; provided that a separate ventilation system is installed that prevents the commingling of air and (ii) allows smoking in bars that do not contain a dining area. This declaration is required pursuant to Section 96 of the Charter and is consistent with Ordinance No. 10,561, calling the special election. Council Member Murray moved to approve the Ordinance as presented, declaring the results of the special election. Council Member Capetillo seconded the motion. The vote follows: Page 5 of 18 Minutes of the Special Session Meeting— May 22, 2007 Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE INITIATIVE ORDINANCE, WHICH REPEALS THE CURRENT SMOKING ORDINANCE AND ADOPTS A NEW CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, THAT REINSTATES THE PREVIOUS SMOKING ORDINANCE DEFEATED; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Administer Oaths of Office to the newly elected Council Members for District Two and District Three. Mayor DonCarlos invited Council Members Sheley and Capetillo to come forward. He then introduced the Honorable Judge Tony Polumbo. Judge Polumbo administered the Oaths of Office to the newly elected Council Members for District Two and Three. BUSINESS ITEMS Consider Proposed Ordinance approving the Baytown 2025 Comprehensive Plan. Interim City Manager Leiper explained that the Proposed Ordinance approves the Baytown 2025 Comprehensive Plan. The Baytown 2025 Comprehensive Plan is an update to the Baytown 2020 Comprehensive Plan. On December 14, 2006 Wilbur Smith Associates presented a draft of the Baytown 2025 Comprehensive Plan (Comprehensive Plan Update) to the City Council. Since the presentation, the Planning Department, along with the Planning and Zoning Commission, held three public meetings to receive input from the public regarding the Comprehensive Plan Update, which is an official document that acts as a general guide for how the City should grow and operate over the next 20 years. Mr. Leiper explained that since the recent public hearing, there has been some discussion about the land along Cedar Bayou and he wanted to clarify that the land along Cedar Bayou will be for development and not parks. Council Member Mahan moved to approve the Ordinance. Council Member Sheley seconded the motion. The vote follows: Page 6 of 18 Minutes of the Special Session Meeting— May 22, 2007 Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, is for the second 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 second 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 Mahan moved to approve the 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. Page 7 of 18 Minutes of the Special Session Meeting— May 22, 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 placing the property annexed into the City of Baytown in the previous agenda item 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 in Council District 4. Interim City Manager Leiper explained that the Proposed Ordinance places the property annexed into the City of Baytown in the previous agenda item 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 in Council District 4. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 8 of 18 Minutes of the Special Session Meeting— May 22, 2007 Consider Proposed Ordinance amending Chapter 110 “Floods,” Article II “Flood Damage Prevention,” Division 1 “Generally,” Section 110-27 “Statutory authorization” and Section 110-32 “Basis for establishing areas of special flood hazard”; and Division 3 “Flood Hazard Reduction,” Section 110-101 “General standards” and Section 110-102 “Specific standards” of the Code of Ordinances, City of Baytown, Texas, to comply with FEMA’s directive for municipalities in Harris County to adopt the new floodplain maps. Interim City Manager Leiper explained that the Proposed Ordinance amends Chapter 110 “Floods,” Article II “Flood Damage Prevention,” Division 1 “Generally,” Section 110-27 “Statutory authorization” and Section 110-32 “Basis for establishing areas of special flood hazard”; and Division 3 “Flood hazard Reduction,” Section 110-101 “General standards” and Section 110-102 “Specific standards” of the Code of Ordinances, City of Baytown, Texas, to comply with FEMA’s directive to provide Floodplain Management Statutory Authority language and adoption of the recent Flood Insurance Study data otherwise known as the new floodplain maps. Additionally, implement provisions to assure no adverse impact on the 100 year water surface elevation when constructing in the 100 year floodplain and provide consistency with provision of finished floor elevations stated in other construction related ordinances. The FEMA directive is necessary for continued participation in the National Flood Insurance Program. These maps changes become effective on June 18, 2007. A property owner can obtain flood insurance at the current rating/classification if it is obtained prior to that date. The flood insurance will remain at that rating/classification if it is maintained in effect continuously, including when transferred to new ownership. With limited discussion, Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD DAMAGE PREVENTION," DIVISION 1 "GENERALLY," SECTION 110-27 "STATUTORY AUTHORIZATION" AND SECTION 110-32 "BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD"; AND DIVISION 3 "FLOOD HAZARD REDUCTION," SECTION 110-101 "GENERAL STANDARDS" AND SECTION 110-102 "SPECIFIC STANDARDS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE Page 9 of 18 Minutes of the Special Session Meeting— May 22, 2007 HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. The next two items were considered together. Consider Proposed Ordinance authorizing a Water Supply Agreement with Chambers County Improvement District No. 1. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a Water Supply Agreement with Chambers County Improvement District No. 1 (the “District”). The proposed agreement is for a term of 25 years during which the City of Baytown will supply water to the District in an amount not exceeding 500,000 gallons per day average daily flow. Pursuant to the agreement, the District will be subject to impact fees as well as to the monthly service charge, as established by the City Council for properties within the City. The District shall be required to build its system in accordance with the City’s specifications and the City has the right to inspect the system both during and after construction. The District has the obligation to maintain its system at all times. The proposed agreement is similar to agreements that the City has entered into with municipal utility districts for water services. Consider Proposed Ordinance authorizing an interlocal agreement for the transfer of water distribution and sanitary sewer collection lines with Chambers County Improvement District No. 1. Interim City Manager Leiper explained that the Proposed Ordinance authorizes an interlocal agreement for the transfer of water distribution and sanitary sewer collection lines with Chambers County Improvement District No. 1. U. S. Steel Corporation or a related entity constructed certain water distribution lines and appurtenances and sanitary sewer collection lines and appurtenances (the “Facilities”), which are connected to and incorporated in the City's water and sanitary sewer system for the purpose of providing service to customers within the Chambers County Improvement District No. 1 (the “District”) and Cedar Crossing Industrial Park. The District desires to acquire the Facilities and assume the obligation to provide water and sewer service to all customers within the boundaries of the District. The proposed agreement transfers the Facilities to the District by quitclaim and in exchange imposes the following obligations on the District: 1. To construct in accordance with City specifications a wastewater treatment plant at a site approved by the City;  commencement date of construction: August 1, 2007  completion date of construction: April 1, 2009 2. To construct in accordance with City specifications a water repressurization station on the site and install a backflow prevention system, master meter and vault;  commencement date of construction: August 1, 2007 Page 10 of 18 Minutes of the Special Session Meeting— May 22, 2007  completion date of construction: April 1, 2009 3. To pay the City $98,920.00; and 4. To allow the City at no cost to use the Facilities transferred to provide water and sewer service to any area that the City may annex within the District or to provide service to any area that the City may annex within the District. This item was discussed with City Council at the February 22, 2007 work session. Council Member Mahan moved to approve both Ordinances as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A WATER SUPPLY AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 FOR THE TRANSFER OF WATER DISTRIBUTION AND SANITARY SEWER COLLECTION LINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution granting the petition of Richard J. Thomson, Jr., concerning the annexation of a 6.7-acre tract of land out of Block 140 of Elena Fruit and Cotton Farms, Unit D, an Addition in Harris County Texas, according to the map or plat thereof recorded in Volume 7, Page 48 of the Map records of Harris County Texas. Interim City Manager Leiper explained that the Proposed Resolution grants the petition of Richard J. Thomson, Jr., concerning the annexation of a 6.7-acre tract of land out of Block 140 of Elena Fruit and Cotton Farms, Unit D, an Addition in Harris County Texas, according to the map or plat thereof recorded in Volume 7, Page 48 of the Map records of Harris County Texas. This 6.7-acre tract of land is contiguous to the city limits of Baytown, is currently vacant and Page 11 of 18 Minutes of the Special Session Meeting— May 22, 2007 without residents and will be developed as commercial property. The property is located to the north of Lynchburg Cedar Bayou between Garth Road and Sheppard. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF RICHARD J. THOMSON, JR., CONCERNING THE ANNEXATION OF A 6.7-ACRE TRACT OF LAND OUT OF BLOCK 140 OF ELENA FRUIT AND COTTON FARMS, UNIT D, AN ADDITION IN HARRIS COUNTY TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48 OF THE MAP RECORDS OF HARRIS COUNTY TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution granting the petition of Globehealth Properties, LP, concerning the annexation of an 11.5093-acre tract of land situated in the T. Ristergen Survey, Abstract 1425, Harris County, Texas, and being out of and a part of that certain called 15.095 acre tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated August 21, 1951, and recorded in Volume 2330 at Page 380 of the Deed Records of Harris County, Texas, and out of and a part of that certain called 15.095 acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed Resolution grants the petition of Globehealth Properties, LP, concerning the annexation of an 11.5093 acre tract of land situated in the T. Ristergen Survey, Abstract 1425, Harris County, Texas, and being out of and a part of that certain called 15.095 acre tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated August 21, 1951, and recorded in Volume 2330 at Page 380 of the Deed Records of Harris County, Texas, and out of and a part of that certain called 15.095 acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas. This 11.5093 acre tract of land is contiguous to the city limits of Baytown, is currently vacant and without residents, and will be developed as Page 12 of 18 Minutes of the Special Session Meeting— May 22, 2007 commercial property. The property is located to the north of Lynchburg Cedar Bayou between Garth Road and Sheppard. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF GLOBEHEALTH PROPERTIES, LP, CONCERNING THE ANNEXATION OF AN 11.5093-ACRE TRACT OF LAND SITUATED IN THE T. RISTERGEN SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT OF LAND CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED AUGUST 21, 1951, AND RECORDED IN VOLUME 2330 AT PAGE 380 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED MAY 7, 1948, AND RECORDED IN VOLUME 1769 AT PAGE 264 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution approving the issuance of First Mortgage Notes (Goose Creek Retirement Community Project) Tax Exempt Series 2007A and Taxable Series 2007B by Tarrant County Cultural and Education Facilities Finance Corporation for Goose Creek Retirement Community, Inc. Interim City Manager Leiper explained that the Proposed Resolution approves the issuance of First Mortgage Notes (Goose Creek Retirement Community Project) Tax Exempt Series 2007A and Taxable Series 2007B by Tarrant County Cultural and Education Facilities Finance Corporation for Goose Creek Retirement Community, Inc. (“GCRC”). The Tarrant County Commissioners Court created the Tarrant County Cultural Education Facilities Finance Corporation as a cultural education facilities finance corporation. Such corporation desires to issue First Mortgage Notes (Goose Creek Retirement Community Project) Tax Exempt Series 2007 A and Taxable Series 2007B in an aggregate principal amount not to exceed $6,000,000. The proceeds of the notes are to be loaned to Goose Creek Retirement Community, Inc., to be used to provide funds to finance a portion of the costs of the acquisition and redevelopment of the former San Jacinto Methodist Hospital development located at 1101 Decker Drive, Baytown, Texas 77520, for use as a continuing care retirement community to be known as the Goose Creek Page 13 of 18 Minutes of the Special Session Meeting— May 22, 2007 Retirement Community, which facility shall be used to further the public purpose of providing decent, safe and sanitary housing to persons of low and moderate income and to assist in the maintenance of the public health. Under the provisions of Section 147(f) of the Internal Revenue Code, this transaction must be approved by the Tarrant County, who approved the transaction contingent upon the City of Baytown’s approval. According to our bond counsel and financial advisor, there is no liability or cost to the City of Baytown in approving the proposed resolution. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1859 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ISSUANCE OF FIRST MORTGAGE NOTES (GOOSE CREEK RETIREMENT COMMUNITY PROJECT) TAX EXEMPT SERIES 2007A AND TAXABLE SERIES 2007B BY TARRANT COUNTY CULTURAL AND EDUCATION FACILITIES FINANCE CORPORATION FOR GOOSE CREEK RETIREMENT COMMUNITY, INC., AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss Work Order Seven under the Street Maintenance Sales Tax Mill and Overlay Program Interim City Manager Leiper explained that the Work Order Five was approved by City Council on January 11, 2007. Due to completion of the annual contract capacity, the streets in this work order were divided into Work Orders Five and Six. Work Order Five was completed under the prior Angel Brothers contract and Work Order Six is being completed now under the new contract recently awarded. An additional $700,000 is now available for Work Order Seven to rehabilitate 17,500 linear feet of eligible roadway. This is about 3 miles of streets. Mr. Leiper presented a chart for allocation of the streets. Page 14 of 18 Minutes of the Special Session Meeting— May 22, 2007 The chart is as follows. Illustration of Allocation of Work Order 7 by PERCENTAGE of Eligible Streets based on $700,000 or 17,500 Liner Feet of Mill, Base Repair and Overlay Streets with Percentage a of Resulting PCI 50-70 total eligible Allocation for District (LF) streets WO#7 (LF) 1 39,342 16.69% 2,922 2 77,120 32.73% 5,727 3 31,944 13.56% 2,372 4 18,177 7.71% 1,350 5 22,700 9.63% 1,686 6 46,374 19.68% 3,444 Total 235,657 100.00% 17,500 Street allocations based upon 22' wide street. Wider streets will reduce the linear footage allocation proportionately. He explained that there is no need for action today, but each Council Member will need to identify the streets for their district. Discussion was had about the need for a mechanism to encourage Council Members to list streets that fall in two districts. The Mayor asked staff to prepare a list of these streets for Council review. CONSENT Council Member Sheley moved to approve the Consent agenda items 5a through 5e. Council Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan and Sheley Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance awarding the Tremco Roofing of the Equipment Services Garage. ORDINANCE NO. 10,612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PEAK ROOFING, INC., FOR THE TREMCO ROOFING OF THE Page 15 of 18 Minutes of the Special Session Meeting— May 22, 2007 EQUIPMENT SERVICES GARAGE; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($131,950.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the annual powdered activated carbon contract for the Baytown Area Water Authority. ORDINANCE NO. 10,613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL POWDERED ACTIVATED CARBON CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SKYHAWK CHEMICALS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing Change Order Four with Reytec Construction Resources, Inc. for the BAWA 30” Water Transmission Line Project. ORDINANCE NO. 10,614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CHANGE ORDER NO. 4 WITH REYTEC CONSTRUCTION RESOURCES, INC., FOR THE BAWA 30" WATER TRANSMISSION LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of thirteen Panasonic CF30 mobile data terminals from Portable Computer Systems in the amount of Forty-Nine Thousand Eight Hundred and Fifty-Five Dollars ($49,855.00). ORDINANCE NO. 10,615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY-NINE THOUSAND EIGHT HUNDRED AND FIFTY FIVE AND NO/100 DOLLARS ($49,855.00) TO PORTABLE COMPUTER SYSTEMS FOR THE PURCHASE OF THIRTEEN PANASONIC CF30 MOBILE DATA TERMINALS THROUGH THE CATALOGUE INFORMATION SERVICES VENDOR PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the purchase of and Annual support contract for Police mobile data terminals with Versaterm in the amount of Forty Five Thousand Five Hundred and Fifty Eight Dollars ($45,558). Page 16 of 18 Minutes of the Special Session Meeting— May 22, 2007 ORDINANCE NO. 10,616 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FORTY-FIVE THOUSAND FIVE HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS ($45,558.00) TO VERSATERM SYSTEMS FOR THE ANNUAL MAINTENANCE FOR THE POLICE DEPARTMENT'S MOBILE DATA TERMINAL SOFTWARE FOR THE PERIOD JUNE 1, 2007 TO MAY 31, 2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 appointment to the Baytown Housing Finance Corporation Board (1). This item is not ready. Consider appointment to the Community Development Advisory Committee (1). This item was not ready. Consider appointment to the Animal Control Advisory Committee (1). This item was not ready. EXECUTIVE SESSION : The was no executive session. MANAGER'S REPORT  The Annual Memorial Day Service will be held at 11:00 A.M. on Monday, May 28, 2007 at the Veterans Memorial Plaza located at Bicentennial Park. The Park is located at 1001 Market Street. Congressman Ted Poe will be the featured speaker. In case of a rain out, the event will be moved to the Baytown Community Center, 2017 Market Street.  Discuss the Houston Raceway Park 1st Annual Junior Dragster All-Star Classic.  City of Baytown 2007 Hurricane Workshop, Tuesday, May 29th at 6:30 pm in the Council Chamber.  Update on Taft Circle Demolition Process. Page 17 of 18 Minutes of the Special Session Meeting— May 22, 2007  Receive departmental presentation by Public Works. Fred Pack, Director of Public Works, gave the presentation for his department. He opened by telling Council that this week is National Public Works Week with a Theme of “Moving Life Forward”. The Public Works Division has 57 employees that work in the following divisions: • Public Works Administration • Streets • Drainage • Traffic • Solid Waste • Garage The Utilities Division has 78 employees that work in the following divisions: • Water Distribution • Wastewater Collection • Wastewater Treatment • Pollution Control • Private Sewer Line Inspection Program • Utility Construction The Baytown Area Water Authority has 14 employees Mr. Pack told Council that his department is funded by many sources which consist of the following:  General Fund  Solid Waste Fund  Garage Fund  CDBG  Water & Sewer Fund  BAWA Water Sales He than showed slides of the various work that each division performs and told about the tasks. He fielded questions accordingly. ADJOURN Council Member Capetillo moved to adjourn the meeting. Council Member Murray seconded the motion. The vote follows: Page 18 of 18 Minutes of the Special Session Meeting— May 22, 2007 Ayes: Council Members Capetillo, Murray, Mahan 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