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2007 07 12 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 12, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 12, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Don Murray, Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Lynn A. Caskey, III Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Interim City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Members Yepez and Sheley were absent. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present. Kayla Wilson was presented a trophy for youth of the month by Mayor DonCarlos. MINUTES Consider approval of the minutes from the Special Council Meeting held on June 27, 2007 and the Regular Council Meeting and Work Session Meeting held on June 28, 2007. Council Member Capetillo moved to approve the minutes as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Mr. K. M. Williamson has requested to address Council regarding the unnecessary spending of tax dollars on the repair of West Texas Avenue between Pruett and Commerce Street. Mr. K. M. William was not present at this meeting. Page 2 of 16 Minutes of the Regular Session Meeting— July 12, 2007 BUSINESS ITEMS PROPOSED ORDINANCES Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 Ordinance is for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 without residents. The property is located to the north of Lynchburg Cedar Bayou between Garth Road and Sheppard and will be developed as commercial property. City Council conducted the first and second public hearings for this annexation on the 12th day of June, 2007 with said notice being published in the May 30, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on May 30, 2007. Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,642 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 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; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being Page 3 of 16 Minutes of the Regular Session Meeting— July 12, 2007 described as 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 the Proposed Ordinance is for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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 commercial property. The property is located to the north of Lynchburg Cedar Bayou between Garth Road and Sheppard Road. City Council conducted the first and second public hearings for this annexation on the 12th day of June, 2007 with said notice being published in the May 30, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on May 30, 2007. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,643 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 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 Page 4 of 16 Minutes of the Regular Session Meeting— July 12, 2007 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; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance awarding the Garth Road Median Removal Project. Interim City Manager Leiper explained that the Proposed Ordinance awards the Garth Road Median Removal Project. The bids are scheduled to be opened on July 11, 2007 so the bid information is not available at time of posting. In order to help ensure that this project is completed prior to the holiday shopping season, the bids will be presented for consideration at the meeting. The scope of work includes removal of existing medians on Garth Road between I- 10 and Independence Boulevard. The excavated area will be stabilized and new concrete pavement will be constructed. The construction duration for this project is 60 days and it will be funded by the Municipal Development District. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D & W CONTRACTORS, INC., FOR THE GARTH ROAD MEDIAN PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED SIXTY-TWO AND 70/100 DOLLARS ($138,262.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the third contract amendment for professional services for final design services related to Phase IV of the Street Bond Program. Interim City Manager Leiper explained that the Proposed Ordinance approves the third contract amendment to Klotz Associates, Inc. (Klotz) for final design services for the reconstruction of portions of West Gulf, Schilling, Caldwell, and Rollingwood, Bob Smith Road and Kilgore under Phase IV of the Street Bond Program. These additional services for the Kilgore project include an arborist and obtaining permits for the box culverts under the roadway from the Corps of Engineers and the Harris County Flood Control District. The initial contract in the amount of Page 5 of 16 Minutes of the Regular Session Meeting— July 12, 2007 $51,206 was for a preliminary engineering report (PER) on Bob Smith Road and Kilgore. The first contract amendment increased the contract amount by $62,676 to $113,882 for adding streets and alleys in Council Districts 1 and 3 to produce the PER. The second contract amendment for final design services for Bob Smith Road and Kilgore increased the contract amount by $291,312 to $405,194. This amendment adds $214,100 for the additional design services increasing the contract to $619,294. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,645 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 THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR FINAL DESIGN, BIDDING, CONSTRUCTION AND POST-CONSTRUCTION PHASE SERVICES FOR THE RECONSTRUCTION OF WEST GULF, SCHILLING, CALDWELL, AND ROLLINGWOOD, FOR THE ADDITION OF ARBORIST SERVICES FOR THE DESIGN OF KILGORE ROAD, AND FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE PERMITTING OF BOX CULVERTS UNDER KILGORE ROAD; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FOURTEEN THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($214,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. PROPOSED RESOLUTIONS Consider Proposed Resolution approving the submittal of a grant application to the State Hazard Mitigation Grant Program. Interim City Manager Leiper explained that the Proposed Resolution approves the submittal of a grant application to the State Hazard Mitigation Grant Program. (HMGP) totaling $6,190,945. On May 23, 2007, Governor Perry announced that President Bush declared four Texas counties federal disaster areas, following a widespread series of severe storms that struck the state beginning in April. As a result of this Presidential Disaster Declaration, the Hazard Mitigation Grant Program (HMGP) is available state wide. Staff has identified four Hazard Mitigation Projects: 1) a City Employee Hurricane Shelter at an estimated cost of $4,500,000; 2) Hardening of Critical City Facilities at an estimated cost of $500,000; 3) Purchase of Repetitive Loss Page 6 of 16 Minutes of the Regular Session Meeting— July 12, 2007 properties at an estimated cost of $1,040,945; and 4) Replace emergency 250 Kw generator at Police Headquarters at an estimated cost of $150,000. The total for the 4 projects, if awarded, will be $6,190,945. The grant requires a 25% match ($1,547,736) from the City. If all of these grant requests are approved, these funds would need to be planned in the 2008-09 budget. However, it is unlikely that all would be approved and the City could opt-out after approval if matching funds were not available. Council engaged in discussion about the buy-out of repetitive loss properties and contact made to the owners of those properties. Mr. Kevin Byal, Chief Building Inspector, stated that one owner had contacted us. Discussion was had about those owners and whether or not we should contact them and explain the status of the grant. Mr. Byal stated that under the grant that we have received a letter is being drafted and will be sent out shortly. Mr. Leiper explained that the benefit of telling them about the grant money is to help them make their decision about their plans. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION TO THE STATE HAZARD MITIGATION GRANT PROGRAM FOR A GRANT FOR FOUR HAZARD MITIGATION PROJECTS IN THE AMOUNT OF FOUR MILLION SIX HUNDRED FORTY-THREE THOUSAND TWO HUNDRED EIGHT AND 75/100 DOLLARS ($4,643,208.75); AUTHORIZING THE CITY’S MATCH IN THE AMOUNT OF ONE MILLION FIVE HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED THIRTY- FIVE AND 25/100 DOLLARS ($1,547,735.25); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos to announce before calling the next item: Council Member Lena Yepez has filed a “Conflict of Interest Affidavit” regarding the next item on the agenda in accordance with Chapter 171 of the Texas Local Government Code. Due to this conflict of interest, Council Member Yepez has abstained from participating in all previous discussions and votes on this matter. She is not present at this meeting and will not be voting. Page 7 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Consider Proposed Resolution authorizing application to the United States Department of Housing and Urban Development for the 2007-2008 Community Development Block Grant funds. Interim City Manager Leiper explained that the Proposed Resolution authorizes application to the United States Department of Housing and Urban Development for the 2007-2008 Community Development Block Grant funds. The resolution also designates the Interim City Manager as the authorized representative to accept or affirm any grant awarded as a result of the application. The City must submit an annual application and proposed Action Plan to the United States Department of Housing and Urban Development in order to receive the CDBG Entitlement grant. The Community Development Advisory Committee and Staff have reviewed nineteen (19) proposals and separately formulated funding recommendations for the 2007-2008 CDBG Action Plan to include fourteen (14) projects. City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget, which will be submitted as the 2007-2008 CDBG Action Plan. Amount Budgeted & Source of Funding 2007-08 CDBG Allocation $850,306 Anticipated FY06 Unexpended Funds 63,218 FY06 Contingency 69,674 Anticipated FY07 Program Income 59,396 TOTAL $1,042,594 Council Member Capetillo moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Consider Proposed Resolution establishing an historic district only for purposes of the H- GAC Downtown Public Spaces Improvement Program, which district encompasses certain properties adjacent to West Defee Avenue, West Texas Avenue, and West Pearce Street. Interim City Manager Leiper explained that the Proposed Resolution establishes an historic district only for purposes of the H-GAC Downtown Public Spaces Improvement Program, which district encompasses certain properties adjacent to West Defee Avenue, West Texas Avenue, and West Pearce Street. On July 27, 2006, via Resolution No. 1807, the City Council authorized a $25,000 match in anticipation of receiving a $24,975 Downtown Public Spaces Improvement Program Grant. The purpose of the grant is to assist communities in making downtown areas more attractive and in increasing the local economic vitality, sales tax and property values, while preserving and enhancing the architectural and cultural history. This designation is not a zoning overlay district or a historic district regulated by the Antiquities Code of Texas, rather the designation merely sets forth an area for purposes of the grant. The monies from the grant shall be used to officially designate the historic district established by this resolution. It is anticipated that the historic district designated by this resolution will be subject in the future to growth and development regulations unique to the area, as adopted by the City Council. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, ESTABLISHING AN HISTORIC DISTRICT ONLY FOR PURPOSES OF THE H-GAC DOWNTOWN PUBLIC SPACES IMPROVEMENT PROGRAM, WHICH DISTRICT ENCOMPASSES CERTAIN PROPERTIES ADJACENT TO WEST DEFEE AVENUE, WEST TEXAS AVENUE, AND WEST PEARCE STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Consider approval of the street selection for Mill and Overlay Work Order #7. Interim City Manager Leiper explained that the work will begin shortly on Mill and Overlay Work Order #6 under the Street Maintenance Sales Tax Program. The next Work Order, #7, will include ~$700,000 in street rehabilitation. This Work Order was discussed with City Council at the May 22nd Council Meeting. It was the consensus of Council at that meeting that the allocation would continue to be based on the amount of eligible roadway. Page 9 of 16 Minutes of the Regular Session Meeting— July 12, 2007 The street selection has been discussed with each of the Council members and the recommended list is attached. This work list will dovetail in with the streets in Work Order #6, although the accounting and payments will remain separate. Council Member Mahan moved to approve the street selection for the Mill and Overlay Work Order #7 as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. DISCUSSIONS Discuss and provide direction for improving railroad crossing safety in Baytown. Interim City Manager Leiper explained that the there are two rail lines that run through Baytown, both owned by Union Pacific Railroad. One of these tracks is an active line while the other is inactive. Within the City limits, there are four public crossings on the active line that lack warning lights and gates: Pine Street, M. L. King, Dyer Street, and Hafer Street. 1. Pine Street carries primarily plant traffic as a cut through from Airhart to Harbor and Market Street. 2. M. L. King also carries a significant amount of traffic as the primary access route from Market Street to Oakwood and for students attending Lee High School. 3. The Dyer Street crossing serves a limited number of homes behind McCoys Lumber. 4. Hafer Street is a secondary entrance to Tejas Park and serves several homes. The cost of installation of railroad warning devices is the responsibility of the entity that owns or maintains the roadway. Once installed, the railroad will take over maintenance. We have been in contact with Union Pacific Railroad to discuss installation options and funding alternatives for the crossings. Installation of warning lights and gates cost $200,000 to $250,000 for a standard two lane crossing. Installation of just warning lights would only reduce the cost by $10,000 to $20,000 since the major expense is the control equipment and flasher hardware. The design and construction work must also be done by Union Pacific Railroad. Once funding is secured, the average time for design and installation by the railroad is 18 to 36 months. The only outside funding source that we have identified is through the Texas Department of Transportation Federal grant program. This program requires an application for consideration based on average daily traffic counts and the number of school bus crossings. We have previously submitted a request through this program to upgrade the warning system on N. Main Street. We also plan to request this type of funding for the M. L. King crossing. The challenge to this funding route is the amount of time the process takes. We cannot obtain accurate traffic Page 10 of 16 Minutes of the Regular Session Meeting— July 12, 2007 counts until school returns to session in August and the next application consideration period is in January 2008. The crossing will be assigned a priority index rating which will indicate when it may be funded. Even if funded in the upcoming year, it takes approximately 2 years for the review and design process and another 6 months for construction once all the plans are approved. In any case, we will proceed with an application for this intersection. In addressing the other three crossings, there appear to be two locally-controlled options. One option/alternative to improve safety is to close a crossing to improve safety. This was done recently at Carnegie and at W. Pearce. Because of the number of tracks at Pine Street (monitoring equipment must be installed on each track), the estimated cost for the installation of gates and warning lights is $400,000. Since this crossing serves primarily cut-through traffic, we may want to consider closing this crossing and the associated portion of J. B. LeFevre. The re- routed traffic would be required to continue on Airhart to Market Street. The crossings at Dyer and at Hafer carry a limited amount of traffic since they are not connector streets. It is doubtful they would ever qualify for grant funding. Due to low traffic volumes, staff is investigating the possibility of improving street lighting and installing a stop sign in our ROW on either side of the tracks. It may also be possible to obtain equipment that will add a flashing red light during nighttime hours. Once Legal and Traffic manual issues are addressed, these signs could be installed under administrative authority while they are considered by Planning and Zoning for permanent installation. The final approval would be presented to City Council. Mr. Leiper informed Council that Staff is seeking direction on options they wish to pursue. Discussion was had about closing Pine Street. The consensus of Council was that this was a viable solution. In closing this crossing the City will receive $15,000 from the Railroad. A proposed Ordinance will be brought to Council for approval in an upcoming meeting. Discussion was also had about a solution for Dyer and Hafer in having a traffic study done in order to improve the street lighting, install stop signs and install flashing red lights. The purpose of the study is to avoid liability of not installing the warning gates as opposed to doing the street lighting, signs and flashing lights. The discussion centered on the fact that waiting for a consultant’s findings concerning liability may in itself be a liability. Discussion was had about the MLK crossing. Council wanted to place temporary solutions while the funding and design and constructions work is pursued. Ignacio Ramirez, Legal Counsel, agrees that is agreeable. Council directed staff to find out the cost of a consultant for a traffic study. Also he will install stop signs on a temporary basis for all three intersections. The solar flashing lights are about $5,000 per system. They are continuous warning lights. Page 11 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Items 3.d.2. and 3.d.3. were taken together. Discuss the 2007-08 Fiscal Year Budgets for the Crime Control and Prevention District (CCPD) and the Fire Control, Prevention and Emergency Medical Services District (FCPEMSD) submitted in accordance with the alternative budget procedures adopted by each District. Interim City Manager Leiper explained that the Boards of the CCPD and FCPEMSD conducted public hearings and adopted the proposed budgets on June 27, 2007 and July 2, 2007, respectively. This agenda item is to provide for review of the submitted budgets in anticipation of Council calling the required public hearings on each budget. Mr. Leiper explained that the 2007-08 CCPD budget provides for Fifteen (15) officers as follows: Personnel Services $829,034 Supplies 7,392 Services 6,000 Capital Outlay: 10 Laptop Computers 50,000 Total Budget $892,426 Mr. Leiper explained that the 2007-08 FCPEMSD budget provides for personnel and Equipment as follows: Personnel Services $ 86,680 Furniture and Equipment $ 4,650 Machinery and Equipment $ 85,000 2 Defibrillators 50,000 10 AED's for Public Bldgs 25,000 Other Ambulance Equipment 10,000 Motor Vehicles $ 320,000 Fire Technology and Capital Equipment 175,000 Portable Generator 145,000 Radio and Testing Equipment $ 125,000 Communications Technology and Equipment Construction $ 350,000 Fire Training Facility Outside Capital Lease Payment $ 249,800 Total Budget $1,221,130 Page 12 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Consider Proposed Ordinance setting the time, date and place of the public hearings regarding the 2007-08 budget of the Baytown Crime Control and Prevention District and the 2007-08 budget of the Baytown Fire Control, Prevention, and Emergency Medical Services District. Interim City Manager Leiper explained that the Proposed Ordinance sets the time, date, and place of the public hearings of the 2007-08 budget of the Baytown Crime Control and Prevention District ("CCPD") and the 2007-08 budget of the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD"). The CCPD considered its 2007-08 budget at its meeting on June 27 and approved the same. Such budget was then submitted to the City Council as required by law on June 28, 2007. The FCPEMSD considered its 2007-08 budget at its meeting on July 2, 2007 and approved the same. Such budget was then submitted to the City Council on July 3, 2007, as required by law. After receipt of the budgets, the City Council is required to hold a public hearing on each District's budget not later than the 45th day before the date each fiscal year begins. This proposed ordinance sets the public hearings during the regular council meeting scheduled for July 26, 2007, in the Council Chambers of the City of Baytown, which information will be published in the Baytown Sun. Residents of both districts are entitled to be present and participate at the hearing. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE TIME, DATE AND PLACE OF THE PUBLIC HEARINGS OF (I) THE 2007- 08 BUDGET OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AND (II) THE 2007-08 BUDGET OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CONSENT Council Member Mahan moved to approve the Consent agenda items 4a through 4j. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 13 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Discussion was had on items b, i and j. Consider Proposed Ordinance authorizing an Industrial District Agreement with Baytown Energy Center, L.P. ORDINANCE NO. 10,647 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYTOWN ENERGY CENTER, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Ordinance authorizing the City Pride Sign Agreement with the State of Texas to allow the City to construct and maintain a City pride sign along State Highway 146. ORDINANCE NO. 10,648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CITY PRIDE SIGN AGREEMENT WITH THE STATE OF TEXAS TO ALLOW THE CITY TO CONSTRUCT AND MAINTAIN A CITY PRIDE SIGN ALONG STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the 1st renewal of the annual mosquito control chemical contract. ORDINANCE NO. 10,649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOSQUITO CONTROL CONTRACT WITH B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3 AND 7; WITH PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY FOR ITEM NOS. 1, 2, 4 AND 5; WITH ADAPCO, INC., FOR ITEM NOS. 8, 9, AND 10; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the 2nd renewal of the annual concrete work contract. ORDINANCE NO. 10,650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FOURTEEN THOUSAND TWENTY-SIX AND 80/100 DOLLARS ($214,026.80); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 16 Minutes of the Regular Session Meeting— July 12, 2007 nd Consider Proposed Ordinance awarding the 2 renewal of the annual ready-mix contract. ORDINANCE NO. 10,651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF CONSORT CONCRETE FOR THE ANNUAL READY- MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($119,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a contract to Terracon Consultants, Inc. for materials testing services for the Northeast Wastewater Treatment Plant Offsite Collection System Project, Package One. ORDINANCE NO. 10,652 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 TERRACON CONSULTANTS, INC., FOR MATERIALS TESTING SERVICES FOR THE NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE COLLECTION SYSTEM PROJECT, PACKAGE ONE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($57,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution requesting the sheriff or constable to sell the property located at 1311 Cypress Street, Baytown, Harris County, Texas, at a public sale. RESOLUTION NO. 1867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 1311 CYPRESS 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 Resolution granting the City's consent for the construction, improvement and maintenance of certain roads and the acquisition of additional right-of- way for such roads within the City of Baytown by Harris County, Texas. RESOLUTION NO. 1868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE CITY'S CONSENT FOR THE CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF CERTAIN ROADS AND THE ACQUISITION OF ADDITIONAL Page 15 of 16 Minutes of the Regular Session Meeting— July 12, 2007 RIGHT-OF-WAY FOR SUCH ROADS WITHIN THE CITY OF BAYTOWN BY HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit and the Highest Elected Official’s Approval of the Southeast Texas Housing Finance Corporation’s issuance of Multifamily Housing Revenue Bonds (Forest View Apartments) Series 2007. RESOLUTION NO. 1869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT AND THE CERTIFICATE OF HIGHEST ELECTED OFFICIAL’S APPROVAL REGARDING THE ISSUANCE OF SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S MULTIFAMILY HOUSING REVENUE BONDS (FOREST VIEW APARTMENTS) SERIES 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit regarding the Southeast Texas Housing Finance Corporation’s issuance of Multifamily Housing Revenue Bonds (the Villas at Shaver Apartments) Series 2007. RESOLUTION NO. 1870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE VILLAS AT SHAVER APARTMENTS) SERIES 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Receive the Mayor’s announcement of appointment to the Architectural & Engineering Committee (1). Mayor DonCarlos announced that Council Member Lynn A. Caskey, II as his appointment to the Architectural & Engineering Committee. Consider appointments to the Baytown Industrial Appraisal Review Board (3). Council Member Mahan moved to reappoint Ronn Haddox, Joe Muller, and David A. Sherron to serve on the Baytown Industrial Appraisal Review Board beginning July 1, 2007 and ending July 1, 2008. Council Member Caskey seconded the Motion. The vote follows: Page 16 of 16 Minutes of the Regular Session Meeting— July 12, 2007 Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Baytown Crime Control and Prevention District (1). This item was not ready. EXECUTIVE SESSION No executive session was held. MANAGER'S REPORT  Receive an update on the demolition of Taft Circle Apartments.  Receive a report on the Fourth of July Celebration. ADJOURN Council Member Caskey moved to adjourn the meeting. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 7:48 p.m. ______________________________ Lorri Coody, City Clerk