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2007 06 12 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 12, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on June 12, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez Council Members Brandon Capetillo Council Member Scott Sheley Council Member Lynn A. Caskey, II 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 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 Council Meeting and the Special Work Session Meeting held on May 22, 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 Abstained: Council Members Caskey and Yepez The motion carried. RECOGNITIONS Administer Oath of Office to the newly elected Council Member. City Clerk, Lorri Coody, administered the Oath of Office to the newly elected Council Member Lena R. Yepez. Page 2 of 27 Minutes of the Special Session Meeting— June 12, 2007 Presentation to Mercedes Renteria Mayor DonCarlos made the Presentation to Council Member Renteria in recognition and appreciation for his years of service as a Council Member to the City of Baytown. Mr. Renteria was not present. Recognition of the Lee College Tennis Team. Mayor DonCarlos read a proclamation recognizing the Lee College Tennis Team. Members of the team were present to receive the reading of this proclamation. PUBLIC HEARINGS Conduct the first public hearing on the proposed 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. Mayor DonCarlos opened the first public hearing on this annexation at 6:38 p.m. by explaining that this was 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. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:39 p.m. Conduct the second public hearing on the proposed 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. Mayor DonCarlos opened the second public hearing on this annexation at 6:39 p.m. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:39 p.m. Conduct the first public hearing on the proposed 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. Mayor DonCarlos opened the first public hearing on this annexation at 6:40 p.m. by explaining that this was an 11.5093 acre tract of land situated in the T. Ristergen Survey, Abstract 1425, Page 3 of 27 Minutes of the Special Session Meeting— June 12, 2007 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. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:41 p.m. Conduct the second public hearing on the proposed 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. Mayor DonCarlos opened the second public hearing on this annexation at 6:41 p.m. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:41 p.m. BUSINESS ITEMS Consider Proposed Ordinance, the second reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as a 0.3401 acre tract of land situated in the Ed. T. Schaffer Survey (W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot 3, Block 7 of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60 of the Map Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed Ordinance is for the second reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as a 0.3401 acre tract of land situated in the Ed. T. Schaffer Survey (W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot 3, Block 7 of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60 of the Map Records of Harris County, Texas. This 0.3401 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used for an Auto Zone. The property is located to the east of Garth Road and to the South of South Road. City Council conducted the first and second public hearings for this annexation on the 12th day of April, 2007 with said notice being published in the March 31, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on March 23, 2007. Council Member Mahan moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Page 4 of 27 Minutes of the Special Session Meeting— June 12, 2007 Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,602 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 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance placing property annexed into the City of Baytown in the previous agenda item and being described as 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 in Council District 4. Interim City Manager Leiper explained that the Proposed Ordinance places property annexed into the City of Baytown in the previous agenda item and being described as 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 in Council District 4. Council Member Mahan moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 0.3401 ACRE TRACT OF LAND SITUATED IN THE ED. T. SCHAFFER Page 5 of 27 Minutes of the Special Session Meeting— June 12, 2007 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, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, the first reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as 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 Ordinance is for the first reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as 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 fifty-foot strip of land is contiguous to the city limits of Baytown; is currently vacant and without residents and will 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. City Council conducted the first and second public hearings for this annexation on the 10th day of May, 2007 with said notice being published in the April 30, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on April 27, 2007. Council Member Mahan moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 1 0,619 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 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; Page 6 of 27 Minutes of the Special Session Meeting— June 12, 2007 WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, the first reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as 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 Ordinance is for the first reading of the Ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being described as 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. City Council conducted the first and second public hearings for this annexation on the 10th day of May, 2007 with said notice being published in the April 30, 2007 issue of the Baytown Sun and posted on the City of Baytowns website on April 27, 2007. Council Member Capetillo moved to approve the Ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Page 7 of 27 Minutes of the Special Session Meeting— June 12, 2007 ORDINANCE NO. 10,620 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 571.841-ACRE TRACT OF LAND BEING A 116.133-ACRE TRACT DESCRIBED AS OF TRACTS l,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. GO61967 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance authorizing an interlocal agreement with the Baytown Municipal Development District regarding funding for a portion of the design and installation costs for a traffic signal on Garth Road at Independence Blvd. Interim City Manager Leiper explained that the Proposed Ordinance authorizes an interlocal agreement with the Baytown Municipal Development District (MDD) regarding funding for a portion of the design and installation costs for a traffic signal on Garth Road at Independence Blvd. Previously, the MDD funded a traffic study for the intersection of Garth Road and Independence Blvd. to determine whether a traffic signal was warranted. A signal is warranted at that intersection and the developer of the Kohl's property is willing to enter into a Development Agreement to fund 50% ($150,000) of the design and construction cost with reimbursement from the TIRZ. The Mall has been unwilling to fund the remaining 50% of the cost, although we are still trying to get their participation. In order to execute this economic development project, subject to the conditions contained in the proposed interlocal agreement with the City, the MDD has agreed fund the remaining 50%, also as a TIRZ reimbursable. A development agreement with Kohl's was on the agenda for the June 5th TIRZ meeting and was approved by the TIRZ Board of Directors. The proposed interlocal agreement for 50% of the design and construction cost up to $150,000 was on the agenda for the June 7th MDD meeting and was approved by the MDD Board of Directors. The proposed agreement is contingent upon the following: Page 8 of 27 Minutes of the Special Session Meeting— June 12, 2007 1. a Development Agreement being entered into among (i) Reinvestment Zone Number One, City of Baytown, Texas, (ii) the Baytown Redevelopment Authority, (iii) the City of Baytown, and (iv) Baytown Plaza Two, L.P.; and 2. the City being reimbursed from the Baytown Redevelopment Authority the amount funded by the District pursuant to this Agreement. If the contingencies are not satisfied, the proposed interlocal agreement is null and void. Also, under the proposed agreement, the City is required to reimburse the MDD after it receives the TIRZ reimbursement funds from the Baytown Redevelopment Authority. Council Member Murray moved to approve the Ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,621 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF 50% OF THE DESIGN AND CONSTRUCTION COST OF A TRAFFIC SIGNAL AT THE INTERSECTION OF GARTH ROAD AND INDEPENDENCE BLVD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a Wastewater Disposal Agreement with Harris County Fresh Water Supply District No. 27. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a Wastewater Disposal Agreement with Harris County Fresh Water Supply District No. 27 (the “District”). The proposed agreement is for a term of 25 years with an option for an additional five years. During the term of the Agreement and any option term, the City of Baytown will supply wastewater services to the District in an amount not exceeding 165,000 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. 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 wastewater services and supersedes the 1978 Wastewater Disposal Contract between the parties. Page 9 of 27 Minutes of the Special Session Meeting— June 12, 2007 Council Member Caskey moved to approve the Ordinance as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A WASTEWATER DISPOSAL AGREEMENT WITH HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 98 “Utilities,” Article III “Water Service,” Section 98-56 “Deposits and refunds,” Subsection (e) “Form of deposits,” Subsection (2) of the Code of Ordinances, City of Baytown, Texas, to clarify that deposits are required at all times during which a customer receives utility service from the City. Interim City Manager Leiper explained that the Proposed Ordinance amends Chapter 98 “Utilities,” Article III “Water Service,” Section 98-56 “Deposits and refunds,” Subsection (e) “Form of deposits,” Subsection (2) of the Code of Ordinances, City of Baytown, Texas, to clarify that deposits are required at all times during which a customer receives utility service from the City. The current ordinance allows deposits of commercial consumers to be in the form of cash, an assignment of security, a bond or an irrevocable bank letter of credit. The current ordinance states that the bond and letter of credit must have a term of at least one year. Thereafter, it is expected to be renewed so that a deposit remains on hand at all times. The proposed ordinance clarifies this point and requires that a commercial customer renew any deposit that has an expiration date which precedes the termination of utility services. Under the proposed ordinance, such customer is also required to provide proof of such renewal. Failure to renew a deposit prior to its expiration could result in termination of utility services. ORDINANCE NO. 10,623 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98- 56 "DEPOSITS AND REFUNDS," SUBSECTION (E) "FORM OF DEPOSITS," SUBSECTION (2) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO CLARIFY THAT DEPOSITS ARE REQUIRED AT ALL TIMES DURING WHICH A CUSTOMER RECEIVES UTILITY SERVICE FROM THE CITY; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Page 10 of 27 Minutes of the Special Session Meeting— June 12, 2007 Council Member Murray filed a Conflict of Interest Statement and did not participate in the discussion or vote on the following item. Consider Proposed Ordinance authorizing a contract for the purchase of property from ExxonMobil Corporation for an emergency services training site. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a contract for the purchase of property from ExxonMobil Corporation for an emergency services training site. The City will acquire through a special warranty deed approximately 22 acres of land on the east side of Bayway Drive approximately ¼ block south of Baker Road for the purchase price of $10.00. Under the Agreement, ExxonMobil Corporation reserves its mineral rights, an unobstructed aerial easement for security of its property as well as the right to repurchase the property for $10.00 should the City at a later date decide to sell the property. The agreement restricts the use of the site to the operation of an emergency services training facility and, in exceptional circumstances, to other short term temporary municipal uses. It is intended that ExxonMobil and City will conduct joint fire fighting training activities on the property and that the City will make the site available to ExxonMobil for it to conduct its own fire fighting training activities. The contract provides for a 60-day inspection period with closing following 15 business days thereafter. ExxonMobil has provided the City a Phase I Environmental Site Assessment prepared earlier this year. The City is conducting additional site environmental testing which will be completed prior to execution of sale. Council Member Mahan moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None Abstain: Murray The motion carried. ORDINANCE NO. 10,624 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF PROPERTY FROM EXXON MOBIL CORPORATION FOR AN EMERGENCY SERVICES TRAINING SITE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Items Nine and Ten taken together Page 11 of 27 Minutes of the Special Session Meeting— June 12, 2007 Consider Proposed Ordinance authorizing the First Amendment to the Interlocal Agreement for Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and Prevention District to create a sergeant's position on the Hot Spot Team. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the First Amendment to the Interlocal Agreement for Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and Prevention District to create a sergeant's position on the Hot Spot Team. The existing interlocal agreement with the CCPD provides funds for the City's employment of 14 police officers. Two of these positions are assigned to DOT enforcement and the remaining 12 make up the Hot Spot Team. Chief Jones has requested the creation of a sergeant's position among the 12-member team to improve supervision and operations of the team. The Chief's request also includes training and equipment related to this proposed new position. The position will be a working supervisor, coordinating the activities of the team in the field. The proposed CCPD 2007-2008 budget will add-back this patrol officer's position and maintain the officer level of this team at 12 along with a supervisor. The CCPD Board of Directors approved the amendment at its meeting on May 29, 2007. Consider Proposed Ordinance amending Ordinance No. 10,449, to reprogram the number of positions in the rank of sergeant and in the rank of patrol officer in the classification “Service Group – Police.” Interim City Manager Leiper explained that the Proposed Ordinance amends Ordinance No. 10,449 to reprogram the number of positions in the rank of sergeant and in the rank of patrol officer in the classification “Service Group – Police.” In 2006, the City entered into an agreement with the Baytown Crime Control Prevention District (“CCPD”) for a public safety operations program, which entailed the employment of fourteen new entry-level patrol officers during Fiscal Year 06-07. Such agreement is proposed to be amended to create a sergeant’s position on the Hot Spot Team and reducing the number of patrol officer’s positions by one. Chief Jones has requested the creation of a sergeant's position to improve supervision and operations of the Hot Spot Team. This position will be a working supervisor, coordinating the activities of the team in the field. The proposed CCPD 2007-2008 budget will add-back the affected patrol officer's position. If this proposed ordinance is approved, the number of sergeants would increase by one and the number of patrol officers would decrease by one, resulting in the following number of positions in each classification in the Police Department: Chief of Police………………………………………………………………………………1 Assistant Chief/Captain (In accordance with Chapter 143 of the Texas Local ……………. Government Code, 3 appointed captain positions and 1 tested captain position)…………. 4 Lieutenant………………………………………………………………………………….. 6 Sergeant……………………………………………………………………………………. 15 Patrol Officer………………………………………………………………………………. 115 Civil service law requires the City Council to provide for the classification of all police officers and to establish the number of positions in each classification. Page 12 of 27 Minutes of the Special Session Meeting— June 12, 2007 Council engaged in discussion about who would lead the hot spot team. Also how the department would go about the task of not taking any officers off the street yet staff the hot spot team. Chief Jones fielded both questions. He explained that the team would be staffed with officers from across the department to focus on areas that have been designated as hot spots. The team will most likely operate in 10 hour shifts from the evening hours to early morning. Council stated that they would like to see the number of officers on the streets when they are addressing the hot spot areas. There was also discussion about CCPD Officers being used to backfill officers that are sick. The Chief stated that this is not happening. Council Member Mahan moved to approve the Ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT WITH THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 10,449, PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP - POLICE"; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a professional services agreement with Midtown Engineers, LLC, for the preparation of a conceptual design report for the Texas Avenue Streetscape Project, Phase One. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a professional services agreement with Midtown Engineers, LLC, in an amount not to exceed $ 44,964 for the preparation of a conceptual design report for the Texas Avenue Streetscape Project, Phase One, which will incorporate various elements of design based on the Downtown Master Plan. Compensation for basic services will not exceed $23,174. The project's reimbursable expenses Page 13 of 27 Minutes of the Special Session Meeting— June 12, 2007 shall not exceed $3,800. Engineering consultant charges are included not to exceed $17,990. Therefore, the total contract amount is $ 44,964. The project scope has been reviewed by TxDOT. The design portion of this project is funded by MDD. The construction of Phase One of the project is funded by a combination of MDD funds and a Federal appropriation through TxDOT. Council Member Sheley moved to approve the Ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,627 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 PROFESSIONAL SERVICES AGREEMENT WITH MIDTOWN ENGINEERS, LLC, FOR THE PREPARATION OF A CONCEPTUAL DESIGN REPORT FOR THE TEXAS AVENUE STREETSCAPE PROJECT, PHASE ONE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-FOUR THOUSAND NINE HUNDRED SIXTY-FOUR AND NO/100 ($44,964.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. Interim City Manger Leiper explained that the Proposed Ordinance authorizes an interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. This contract will be effective until April 30, 2008, and generally contains the same terms and conditions as those in previous agreements. The amount to be paid under the agreement is $21,000. The agreement recognizes that this amount is only to defray the cost of fire protection services and is not meant to completely cover the City’s costs. Therefore, the City may bill responsible parties for services. Council Member Sheley moved to approve the Ordinance as presented. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Page 14 of 27 Minutes of the Special Session Meeting— June 12, 2007 ORDINANCE NO. 10,628 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution accepting the petition requesting annexation of Charles Grube, owner of a 1.0941 acre tract of land situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain called 126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth- Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed Resolution accepts the petition requesting annexation of Charles Grube, owner of a 1.0941 acre tract of land situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain called 126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth- Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This 1.0941 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents. The proposed development is to construct a hotel. The property is located south of I-10 on Garth Road and is between Hunt Street and Archer Street on the East Side of Garth Road. Council Member Caskey moved to approve the Resolution as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1860 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS GRANTING THE PETITION OF CHARLES GRUBE CONCERNING THE ANNEXATION OF A 1.0941 ACRE TRACT OF LAND SITUATED IN THE W. C. RAILROAD COMPANY SURVEY, ABSTRACT 899, HARRIS COUNTY, TEXAS AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 126.735 ACRE TRACT (TRACT ONE) CONVEYED BY FLORENCE GODFREY, ET AL, TO GARTH-ARCHER, CHARLES H. GRUBE, LTD, BY DEED DATED FEBRUARY 15, 1973, AND RECORDED UNDER COUNTY CLERK'S Page 15 of 27 Minutes of the Special Session Meeting— June 12, 2007 FILE NO. D806833 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 calling a Special City Council meeting to review city manager candidate resumes with Waters Consulting Group, Inc. Assistant City Manager Knauf explained that the Proposed Resolution calls a Special City Council meeting to review city manager candidate resumes with Waters Consulting Group, Inc. On March 8, 2007, the City Council approved the hiring of Waters Consulting Group, Inc., to conduct a search for a city manager. Chuck Rhore of Waters Consulting has met with the Mayor and City Council Members individually to discuss the qualifications and experience the City Council desires in a city manager. A brochure was developed as a result of the interviews and sent to more than 300 potential city manager candidates. As of this date 51 resumes have been received. Waters Consulting is reviewing the resumes and will bring to the City Council a maximum of 10 candidate resumes which meet the criteria established by the City Council. Waters will review the resumes with the City Council and the City Council will determine which candidates to invite in for interviews. City Council needs to establish the date for meeting with Waters Consulting to review the resumes. The resume review with Chuck Rohre will be held in executive session after the meeting is first convened in open session. June 27th at 4:30 p.m. is available for the City Council and Chuck Rohre of Waters Consulting to meet to discuss the resumes. Depending on the number of applicants selected for interview and the schedules of those selected for an interview, Council may need more than one day to interview the candidates. At this time, it appears that the week of July 23rd is the earliest that Council could conduct the interviews (July 23rd is available for everyone) but final determination of the exact dates will not be possible until after the meeting with Chuck Rohre on June 27th to select the interviewees. The interviews with the candidates will be held in executive session(s) after the meeting(s) are first convened in open session(s). Council Member Sheley moved to call a Special Session on June 27, 2007 at 4:30 p.m. to review resumes for City Manager in order to determine which candidates to invite in for interviews. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Page 16 of 27 Minutes of the Special Session Meeting— June 12, 2007 RESOLUTION NO. 1861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON JUNE 27, 2007, AT 4:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. This item taken out of order. Receive and take appropriate action regarding the recommendations for a November 2007 bond election from the Bond Steering Committee. Background information on this item is as follows: City Council had previously appointed Gilbert Santana and Ronnie Anderson as Co-Chairs of the 2007 Bond Steering Committee and had established Sub-Committees to assist them with the 2007-08 General Obligation Bond Program. The Sub-Committees were chaired by Reggie Brewer for the Finance Committee, Susan Milner for the Public Buildings, Automation, Equipment and Parks Committee, and Mike Wilson for the Streets, Sidewalks, Drainage and Signalization Committee. Interim City Manager Leiper told Council that these committees have been meeting for several weeks and have reviewed, revised and prioritized the requests received for the Bond Program. The Steering Committee has reviewed the recommendations of the other committees and developed a bond package for Council’s consideration and possible approval of the list of projects along with a directive to staff to work with our financial adviser and bond counsel to bring back a formal ordinance calling the bond election. Mr. Gilbert Santana, Co-Chair of the 2007 Bond Steering Committee, was introduced to give the presentation on the recommendations for a 2007 bond election. Mr. Santana began by explaining the structure of the 2007 General Obligation Bond Steering Committee. The structure appears as follows: Steering Committee Finance Committee Streets, Sidewalks, Public Buildings, Signalization and Drainage Automation, Equipment and Parks The membership for each Committee is as follows: 2007 Bond Steering Committee Gilbert Santana Co-Chair Ronnie Anderson Co-Chair Page 17 of 27 Minutes of the Special Session Meeting— June 12, 2007 Sub-Committee for Streets, Sidewalks, Signalization and Drainage Mike Wilson Chair DeeAnne Navarre Member Tommie Jones Member Steve Fess Member Al Weatherall Member Mike Beard Member Dr. Keith Coburn Member Jon Pfennig Member Fred Aguilar Member Vivian Hemphill Member Sub-Committee for Public Buildings, Automation, Equipment and Parks Susan Milner Chair Peter Hyland Member Bennie Kadjar Member Earl Wurzbach Member Merle Hunt Member Ralph Elledge Member Finance Sub-Committee Reggie Brewer Chair Paul Edwards Member John Adams Member Carl Brandon Member Gary Englert Member Ralph Kunz Member Hal Thomas Member Mr. Santana recognized those members in attendance from the various Sub-Committees. After presenting the structure, Mr. Santana showed the list of projects that each Sub-Committee was given to work with as follows: Streets, Sidewalks, Signalization and Drainage Committee Considered the Following Requests - (not in priority order): Street Improvements $40,000,000 Quiet Zones 3,000,000 Construction of Drainage Facilities 2,000,000 Extension of Baker Road 10,000,000 Extension of Needlepoint Road 10,000,000 Downtown/TX. Avenue Revitalization 2,250,000 Sidewalks Near Parks and Schools 500,000 Matching Funds for Joint Projects 6,000,000 Beautification 1,000,000 TOTAL $66,750,000 Page 18 of 27 Minutes of the Special Session Meeting— June 12, 2007 Buildings, Automation, Equipment and Parks Committee Considered the Following Bond Requests (not in priority order): Radio System Upgrade $4,000,000 Radio System Upgrade $4,000,000 Siren Replacements/Additions 417,000 North Central Fire Station 3,587,000 Northeast Fire Station 2,892,000 Recreation Center 5,600,000 Youth Service Center 2,000,000 Park Land North of I-10 500,000 Animal Control Facility 2,100,000 Building for the Art League 100,000 Replacement of EMS Station on S. Main 1,800,000 Aquatics Master Plan Phases 1 & 2 8,750,000 Public Safety Building Improvements 580,000 911 Center and Fiber Upgrades 7,900,000 Downtown Building Revitalization Projects 300,000 TOTAL $40,526,000 After reviewing the project requests, Mr. Santana explained that the Finance Sub-Committee considered the following areas in terms of tax impact: • Impact of Various Total Bond Authorizations on the Ad Valorem Tax Rate • Traditional and Deferred Principal Payment Methods • Bond Programs Ranging from 5 years to 10 years • Inflation impact on the cost of projects • Capacity to implement and manage projects • Other forms of Financing Some Projects The “Buildings” Committee and the “Streets” Committee each prioritized the bond projects based on the perceived needs of the City. The Finance Committee recommended a maximum bond program based on the projected tax impact on residents and businesses. The lists were prioritized as follows: Streets, Sidewalks, Signalization and Drainage Committee Priorities (Current Estimated Cost): 1. Street Improvements $30,000,000 2. Matching Funds for Joint Projects 8,000,000 3. Construction of Drainage Facilities 2,000,000 4. Downtown/TX. Avenue Revitalization 2,250,000 5. Extension of Baker Road 10,000,000 6. Sidewalks near Parks and Schools 500,000 7. Beautification 1,000,000 8. Needlepoint Road Extension 10,000,000 9. Quiet Zones 3,000,000 Page 19 of 27 Minutes of the Special Session Meeting— June 12, 2007 Buildings, Automation, Equipment and Parks Committee Priorities (Current Estimated Cost): 1. North Central Fire Station $3,587,000 2. Radio System Upgrade 4,000,000 3. Replacement of EMS Station on S. Main 1,800,000 4. Aquatics Master Plans Phases 1 & 2 8,750,000 5. 911 Center and Fiber Upgrade 7,900,000 6. Park Land North of I-10 500,000 7. Northeast Fire Station 2,892,000 8. Public Safety Building Improvements 580,000 9. Animal Control Facility 2,100,000 10. Recreation/Youth Services Center 6,000,000 11. Downtown Revitalization Projects 300,000 12. Building for the Art League 100,000 The Finance Committee Made the Following Recommendations: • Limit the total Bond Program to $80 million (approximately a maximum 12.5 cent increase on the tax rate) • Conduct the Bond Program over 6 years • Use the Deferred Principal Payment Method When Selling the Bonds • Consider Other Forms of Financing if Possible The Steering Committee considered two bond program scenarios: 1. an $80 million (before inflation) base scenario which could fund the top five priorities of the Buildings Committee and the Streets Committee over six years 2. an alternative scenario, based on a similar $80 million cost, which could fund the top seven priorities of the Streets Subcommittee and the top nine priorities of the Buildings Subcommittee by reducing the amounts requested for some of the top five priorities in the Buildings Subcommittee and the Streets Subcommittee. Mr. Santana pointed out that the alternate scenario depicts a possible revision of project funding that differs from the recommendation of the committees and is an attempt to include additional projects in an $80 million bond program. These funding revisions were not reviewed or approved by the individual committees prior to this meeting, but the priorities established by each committee were considered in selecting the additional projects. He reviewed both scenarios in detail, explaining that both scenarios considered an inflation factor of 5% in years 2 through 6. A bar graph was displayed that showed the Bond Sales for each scenario. The base scenario permits 10 projects at a cost of $84,200,000. The alternate scenario permits 16 projects at a cost of $82,215,000. Mr. Santana explained that utilizing a portion of the additional revenue received through the IDA contracts when the tax rate is increased, it is possible to limit the tax impact of an $82 million Page 20 of 27 Minutes of the Special Session Meeting— June 12, 2007 bond program to no more than $0.10. This additional revenue will also offset the need for an additional tax increase to fund the operation of the first additional fire station ($1.1 million annually). The predicted cumulative tax impact for the bond program is as follows: • Year 1: $0.064 • Year 2: $0.080 • Year 3: $0.098 • Year 4: $0.063 • Year 5: $0.081 • Years 6 - 9: $0.100 • Year 10: $0.091 • Year 11: $0.077 Mr. Santana explained that the impact decreases in years 4 and 5 because the City pays off some other debt in those years and in years 6 through 9 is where the bond program tax impact levels off at the $0.10 increase. Mr. Santana also told Council that on June 6th the Co-chairs conducted a meeting for the members of all of the Committees to review the proposed bond package. After review, discussion and questions, the committees as a whole unanimously approved the alternative scenario as the proposed bond package with the recommendation that the City Council submit it to the voters in November 2007. The proposal included the formation of a Citizen's Bond Advisory Committee to assist and advise Council in the implementation of the bond elements that are ultimately approved by the voters. Mr. Santana told Council that the document outlining the details about the Committee is not complete and will be submitted for their review at a later date. Council engaged in discussion about the tax impact of the bond program. Mr. Santana stated that a 3% growth rate was used in the calculations and a 5% inflation rate to calculate the tax impact. There was discussion about how the bonds will appear on the ballot. Mr. Santana explained that the items will be grouped in accordance with Bond Counsel’s recommendations, but there will be several propositions and many will be stand alone items. If some items do not pass, this too will reduce the tax impact because the bonds for these projects will not be sold. However, it will be presented as a city-wide bond as the entire package is necessary. There was discussion about the North Central Fire Station being given priority over the Northeast Fire Station. Mr. Santana explained that the reason they were separated was because of the maintenance and operating costs and the impact that opening two fire stations would have on the City. Several participants in the Building Sub-committee meetings gave input as to why this station was placed on the list in year six. The end factor was that there would be much more growth in the North Central area of the City and due to response times and the growth factor and school placements this area needed the fire station first. Also, this was another reason why the Page 21 of 27 Minutes of the Special Session Meeting— June 12, 2007 committees chose the alternate scenario, because it gave the opportunity to build two fire stations as the base scenario excluded the second fire station completely and there is clearly a need. With this explanation, the question was posed if the schedule could be changed. Mr. Santana stated that the Bond Committee was proposing not only the projects, but the schedule as well. There was discussion and questions about the two scenarios and Mr. Santana fielded each question and answered accordingly. Council Member Sheley moved to approve the recommendation of the Bond Steering Committee as presented and to give staff a directive to take appropriate action to begin work on the necessary documents to call a November bond election. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Discuss and take appropriate action regarding street selection for Year One of the 2007 Street Bond Program. In order to expedite the initiation of construction following a successful bond election in November 2007, Council authorized the sale of $1 million in certificates of obligation to begin design and engineering on the first year's streets. Council approved a plan to reconstruct approximately 6,300 linear feet of non-residential streets on a citywide basis and to allocate the remaining 6,900 linear feet equally with 1,150 linear feet per council district. All of the Council representatives have submitted their street request lists which have been verified by the Engineering Department. The initial "Top 20" list has been reviewed by the Engineering Department and has been revised to recommend 11 street segments on four roadways to provide reconstruction of complete segments of these arterials. The initial 20 segments discussed were individual pieces spread across a wide area and would not have the same impact as completing longer sections. Accordingly, the revised list of low-PCI, non- residential streets was reviewed and street selections were made by each member. This list was shown to Council and Mr. Leiper explained that once the list of Year One-2007 streets was approved, staff would begin to negotiate a preliminary design contract with Bury and Partners, the firm recommended by the A&E Committee, and this contract would be presented to Council for approval at a later date. Page 22 of 27 Minutes of the Special Session Meeting— June 12, 2007 The list shown to Council follows: Council Street From To Segment Width District Name Length Adj. Length 1 Morrell Baylor N. Jones 300 513 1 Morrell N. Jones Cornell 555 948 1 Selection For District #1 (1,150) 855 1,461 2 Rosewood Felton Oakmont 780 878 2 Idlewood Memorial 250' east 250 281 2 Selection for District #2: (1,150) 780 1,159 3 Robin Honeysuckle Tanglewood 400 300 3 Robin Tanglewood Lazy Lane 390 293 3 Robin Lazy Lane Caldwell 350 263 3 Robin Caldwell Red Bud 370 278 3 Selection for District #3: (1,150) 1510 1,133 4 Scenic Woodcrest Woodcrest 900 1,163 4 Selection for District #4: (1,150) 900 1,163 5 Cedar Bayou Fanestiel Alexander 970 930 5 Selection for District #5: (1,150) 970 930 6 Eleventh Lobit Hunnicutt 600 750 6 Texas Ave. Alexander 200' east 200 425 6 Selection for District #6: (1,150) 800 1,175 Council Member Sheley moved to approve the list of street selections for Year One of the 2007 Street Bond Program. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Discuss and take appropriate action regarding setting the times, dates and places of budget work sessions. Interim City Manager Leiper explained that the Charter requires the City Manager to deliver his proposed budget to City Council by the end of July, and it is our plan to submit the 2007-2008 budget to Council on Tuesday, July 24th to provide additional review time prior to work sessions. We believe that we can present an overview of the budget in two sessions and to include a third session for follow-up discussions. Page 23 of 27 Minutes of the Special Session Meeting— June 12, 2007 Council engaged in discussion about possible dates and decided upon the following schedule: July 31, 2007 at 4:30 p.m.; August 1, 2007 at 5:30 p.m.; and August 2, 2007 at 5:30 p.m.; with all meeting being held in the Council Chamber at City Hall. Council Member Sheley moved to approve the Schedule as agreed upon. Council Member Capetillo Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. CONSENT Council Member Sheley moved to approve the Consent agenda items 5a through 5k. Council Capetillo seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance approving final payment to G&N Enterprises, Inc., and accepting the Country Club View Lift Station Rehabilitation Project. ORDINANCE NO. 10,629 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE COUNTRY CLUB VIEW LIFT STATION REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-SIX THOUSAND ONE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($46,195.00) TO G&N ENTERPRISES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving final payment and release of retainage to Utility Services, Co., and accepting the Park Street Elevated Storage Tank Rehabilitation Project. ORDINANCE NO. 10,630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE PARK STREET ELEVATED STORAGE TANK REHABILITATION Page 24 of 27 Minutes of the Special Session Meeting— June 12, 2007 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-SIX THOUSAND EIGHTY-FOUR AND NO/100 DOLLARS ($36,084.00) TO UTILITY SERVICES, CO., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution requesting the sheriff or constable to sell the property located at 806 Martin Luther King Street, Baytown, Harris County, Texas, at a public sale. RESOLUTION NO. 1862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 806 MARTIN LUTHER KING STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the second renewal of the annual recycling center contract. ORDINANCE NO. 10,631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY THOUSAND FOUR HUNDRED SIXTY- NINE AND 76/100 DOLLARS ($70,469.76); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the second renewal of the annual medical supplies contract. ORDINANCE NO. 10,632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS RENEWING THE CONTRACT OF BOUND TREE MEDICAL, LLC FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-SIX THOUSAND SIX HUNDRED TWENTY-FIVE AND 37/100 DOLLARS ($26,625.37); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing final payment for the repair of Decker Drive water well. ORDINANCE NO. 10,633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DECKER DRIVE WATER WELL REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO HUNDRED TEN THOUSAND Page 25 of 27 Minutes of the Special Session Meeting— June 12, 2007 AND NO/100 DOLLARS ($210,000.00) TO WEISINGER WATER WELL, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the last renewal of the annual liquid chlorine contract. ORDINANCE NO. 10,634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS RENEWING THE CONTRACT OF ALTIVIA CORPORATION FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY-FIVE THOUSAND EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS ($95,880.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving an agreement with Versaterm for annual hardware/software maintenance agreements. ORDINANCE NO. 10,635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-THREE THOUSAND NINE HUNDRED THIRTEEN AND NO/100 DOLLARS ($63,913.00) TO VERSATERM SYSTEMS FOR THE ANNUAL HARDWARE/SOFTWARE MAINTENANCE AGREEMENTS FOR THE PERIOD SEPTEMBER 1, 2007, TO AUGUST 31, 2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the last renewal of the annual electrical motor control center contract. ORDINANCE NO. 10,636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the second renewal of the annual electrical services contract. ORDINANCE NO. 10,637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY Page 26 of 27 Minutes of the Special Session Meeting— June 12, 2007 THE CITY OF BAYTOWN, THE SUM OF NINETY-THREE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($93,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual rental of equipment contract. ORDINANCE NO. 10,638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF BARRIER EQUIPMENT, INC., GODWIN PUMPS OF AMERICA, AND UNITED RENTALS, INC., FOR THE ANNUAL EQUIPMENT RENTAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointment to the Community Development Advisory Committee (1). This item was not ready. Consider appointment to the Animal Control Advisory Committee (1). Council Member Mahan moved to appoint Lory Stone to the Animal Control Advisory Committee as the representative of the animal welfare organization to complete the unexpired term of Ms. Billie Wolfe that will expire on September 26, 2008. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Baytown Industrial Development Corporation (1). Council Member Mahan moved to appoint Lena R. Yepez to the Baytown Industrial Development Corporation to complete the unexpired term of Mercedes Renteria that will expire on December 14, 2007. Council Member Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None Page 27 of 27 Minutes of the Special Session Meeting— June 12, 2007 The motion carried. MANAGER'S REPORT  Received report on the June 6, 2007 Hurricane Drill.  Received report on last week’s Bayou Bowl event.  Received report on the 2007 Baytown 4th of July Celebration at Bicentennial Park beginning July 3, 2007 at 5:30 p.m.  Received an update on the demolition of Taft Circle Apartments. ADJOURN Council Member Caskey moved to adjourn the meeting. Council Member Sheley seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:20 p.m. ______________________________ Lorri Coody, City Clerk