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2007 07 26 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 26, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 26, 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 Scott Sheley, Council Member Lena R. Yepez, Council Member Stephen H. DonCarlos, Mayor Robert D. Leiper, Interim City Manager Kelvin Knauf, Assistant City Manager Ignacio Ramirez, City Attorney Leticia Garza, Assistant 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 from the Special Council Meeting held on July 12, 2007 and the Regular Council Meeting and Work Session Meeting held on July 12, 2007. Council Member Caskey moved to approve the minutes as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Murray, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: none Abstain: Council Members Yepez and Sheley CITIZENS COMMUNICATIONS AND RECOGNITIONS Mr. Ken Williamson to address City Council regarding Texas Avenue and the cost of its resurfacing. Page 2 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Mr. Ken Williamson addressed the City Council regarding the resurfacing of West Texas Avenue and the $700,000 cost associated with the project. Mr. Williamson believes that Texas Avenue was a good area before the City started working on it. He also believes that there is not enough traffic in this area to merit the construction expenses and asked Council to consider using these monies to resurface other residential roads, such as Kilgore Road. Mayor DonCarlos thanked Mr. Williamson for his comments and informed him that Kilgore Road is currently on the engineering list to be completely redone. Also, as a point of clarification, Mayor DonCarlos informed the public that the $700,000 in question is not for the resurfacing of Texas Avenue, but instead is a grant secured by Congressman Gene Green for streetscape projects in this area. Recognize the Baytown Explorer’s Post #1255. Mayor DonCarlos recognized the participation of the Baytown Police Explorers Post #1255 in the 2007 Competition of a Lifetime, held from July 13th - 15th in Bay City, Texas. Chief Byron Jones recognized Officer Parker and Fitzgerald to speak on the Explorer’s participation in this event. Officer Parker started with the program in 1998 and since that time has seen the program grow from having 3 participants to an estimated 25. This program is self-funded and promotes young people from the ages of 14-18 who have an interest in law enforcement. The Explorers were introduced to the Council and the three participants at the Bay City competition were singled out for their achievements. Explorer Martinez, Explorer Kelley th and Explorer Elser placed in 5 place out of 30 Explorer Post. The Baytown Police Explorer Team No. 39 participated and placed in 9 out of the 10 events as follows: Arrest Search and Seizure - First Place Building Clearing - Second Place Crime Prevention - Third Place Crime Scene - First Place Driving Course - Second Place Felony Traffic - First Place Domestic Disturbance - Third Place Collision Investigation - First Place SFST/DWI - Second Place Mayor DonCarlos asked the parents of the participating Explorers to stand with their children in order to be recognized by the Council. The Mayor also thanked all of the participants for their work and dedication and extended his wishes to one day see them as Baytown Police Officers. The Baytown Explorer Program holds meetings every Tuesday in the Municipal Court, Room B from 6:00 p.m. to 9:00 p.m. All interested can visit their website at www.BaytownwExplorers.com. Page 3 of 28 Minutes of the Regular Session Meeting — July 26, 2007 PUBLIC HEARINGS Conduct a public hearing regarding the fiscal year 2007-08 Budget adopted by the Board of Directors of the Baytown Crime Control and Prevention District and submitted to City Council. Council conducted a public hearing regarding the fiscal year 2007-08 Budget adopted by the Board of Directors of the Baytown Crime Control and Prevention District and submitted to City Council. As set forth in state law, (LGC 363.205(a)), the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the Public Hearing was published in The Baytown Sun on Monday, July 16, 2007 and posted to the City of Baytown website on Friday, July 13, 2007. Conduct a public hearing regarding the fiscal year 2007-08 Budget adopted by the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District and submitted to City Council. Council conducted a public hearing regarding the fiscal year 2007-08 Budget adopted by the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District and submitted to City Council. As set forth in state law, (LGC 344.205(a)), the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the Public Hearing was published in The Baytown Sun on Monday, July 16, 2007 and posted to the City of Baytown website on Friday, July 13, 2007. BUSINESS ITEMS PROPOSES ORDINANCES Consider Proposed Ordinance approving the 2007-08 Baytown Crime Control and Prevention District Budget. Interim City Manager Leiper explained that the Proposed Ordinance approves the 2007- 08 Baytown Crime Control and Prevention District Budget. The CCPD held a public hearing and adopted the budget for fiscal year 2007-08 on July 26, 2007. As set forth in State law, (LGC 363.205 (d) (e)), the local governing body must approve or reject the budget adopted by the Board at least 30 days before the beginning of the fiscal year. The governing body may not amend the budget. If the governing body rejects the budget, the governing body and the board shall meet and together amend and approve the budget before the beginning of the fiscal year. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Page 4 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Nays: None The motion carried. ORDINANCE NO. 10,653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2007-08 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the 2007-08 Baytown Fire Control, Prevention, and Emergency Medical Services District Budget. Interim City Manager Leiper explained that the Proposed Ordinance approves the 2007- 08 Baytown Fire Control, Prevention, and Emergency Medical Services District Budget. The Baytown FCPEMSD held a public hearing and adopted the budget for fiscal year 2007-08 on July 26, 2007. As set forth in State law, (LGC 344.205 (d) (e)), the local governing body must approve or reject the budget adopted by the Board at least 30 days before the beginning of the fiscal year. The governing body may not amend the budget. If the governing body rejects the budget, the governing body and the board shall meet and together amend and approve the budget before the beginning of the fiscal year. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2007-08 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 Page 5 of 28 Minutes of the Regular Session Meeting — July 26, 2007 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 second reading of the Ordinance annexing property currently within the extra-territorial 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 went on to describe that the 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 Baytown’s website on April 27, 2007. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried 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 Page 6 of 28 Minutes of the Regular Session Meeting — July 26, 2007 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as 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 in Council District 4. Interim City Manager Leiper explained that the Proposed Ordinance places the property annexed into the City of Baytown in the previous agenda item and being described as 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 in Council District 4. Council Member Murray moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None Page 7 of 28 Minutes of the Regular Session Meeting — July 26, 2007 The motion carried ORDINANCE NO. 10,655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS ADDING 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 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 for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 second reading of the Ordinance annexing property currently within the extra-territorial 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. The fifty-foot strip of land is contiguous to the city limits of Baytown; is currently vacant and without residents. 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 Capetillo moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Page 8 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Nays: None The motion carried ORDINANCE NO. 10,619 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as a 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 in Council District 4. Interim City Manager Leiper explained that the Proposed Ordinance places the property annexed into the City of Baytown in the previous agenda item and being described as a 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 in Council District 4. Council Member Murray moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A FIFTY-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT- FWAY OF N. MAIN STREET, OUT OF TRACTS 3B, 3C, 3F, 3G AND 51, ABSTRACT 21, OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 9 of 28 Minutes of the Regular Session Meeting — July 26, 2007 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 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 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 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. The 1.0941 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents. 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 and will be developed for construction of a hotel. City Council conducted the first and second public hearings for this annexation on the 28th day of June, 2007 with said notice being published in the June 18, 2007 issue of The Baytown Sun and posted on the City of Baytown’s website on June 18, 2007. Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,657 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 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 Page 10 of 28 Minutes of the Regular Session Meeting — July 26, 2007 COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance authorizing the Interim City Manager to proceed with the Application for the Sale, Transfer or Merger of a Retail Public Utility and to take other appropriate action for the transfer of the Bay Oaks Harbor Utility Systems. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the Interim City Manager to proceed with the Application for the Sale, Transfer or Merger (STM) of a Retail Public Utility and to take other appropriate action for the transfer of the Bay Oaks Harbor Utility Systems. Mr. John M. Fultz (the Receiver) was appointed Receiver for the Bay Oaks Harbor Water and Sewer Systems (the Systems), which serve Bay Oaks Harbor Subdivision, Section I. The City and Mr. Fultz have been working toward transferring the Systems and its assets to the City. Such work commenced only after (i) an investigative study was performed by the City in 2005, wherein the City conducted tests of the Systems to determine their conditions and the repairs that the City would require if the City were to accept the transfer and (ii) the City Council authorized a Letter of Intent and Agreement in Principal with the Receiver and the Bay Oaks Harbor Property Owners Association, Inc. (the Agreement). The Receiver has performed in accordance with such Agreement and has obtained the approval of the transfer of the Systems from the District Court of Travis County, which is overseeing the receivership of the Systems. Recently, the Receiver and the City worked to complete the documentation necessary for the STM application required to obtain the approval of the transfer by the Texas Commission on Environmental Quality (TCEQ). This proposed resolution authorizes the Interim City Manager to execute the application for STM for filing with the TCEQ and to take other appropriate steps for the transfer of the Systems contingent upon the following: (1) The Bay Oaks Harbor Property Owners Association, Inc.'s (the "POA") fulfillment of its agreement: a. to grant to the City easements for public utilities on, over, under, and along all existing private roads within the Bay Oaks Harbor Subdivision, Section I; b. not to oppose or protest the imposition of a monthly assessment/surcharge of an amount sufficient over time to discharge the cost to the City of bringing the Systems into compliance with the minimum standards of the TCEQ for water and sewer systems; c. to pay the Receiver of all outstanding accounts payable due to the Receiver arising in the operation of the Systems as of the date of the Transfer; and Page 11 of 28 Minutes of the Regular Session Meeting — July 26, 2007 d. to obtain the agreement of its members as to the representations made by the POA in the Agreement; and (2) that no debt exists regarding the receivership or the Systems on the date of the transfer. Should the contingencies be satisfied, the process going forward is as follows: (1) The Receiver forwards the application for STM to TCEQ; (2) TCEQ reviews the submitted application; (3) TCEQ notifies the Receiver of any deficiency(ies) in the application; (4) The Receiver corrects the deficiency(ies) within 30 days of notice thereof; (5) TCEQ issues a letter stating that the application is administratively complete; (6) TCEQ directs the Receiver to send the Notices of the STM (to Neighboring Cities and to Customers); (7) If a protest is filed, there will be a hearing before an SOAH Judge in Travis County; and (8) If no protest is filed, then await final approval of the TCEQ. There is a minimum 120-day waiting period after notices are sent until the transfer may become effective. Council thanked all the staff and participants for the work that was done to complete this item. Mr. Fultz was present at the meeting to answer any questions and with no questions forthcoming thanked the Council for their time and support. Council Member Sheley moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING, SUBJECT TO THE SATISFACTION OF CERTAIN CONDITIONS PRECEDENT, THE INTERIM CITY MANAGER TO PROCEED WITH THE APPLICATION FOR THE SALE, TRANSFER OR MERGER OF A RETAIL PUBLIC UTILITY AND TO TAKE OTHER APPROPRIATE ACTION FOR THE TRANSFER OF THE BAY OAKS HARBOR UTILITY SYSTEMS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Consider Proposed Ordinance making a change in the City of Baytown’s Fiscal Year 2006-2007 budget for municipal purposes in order to reprogram funds in the Hotel Occupancy Tax Contingency Fund for the cost of tourism and promotion services to be provided by the Economic Alliance Houston Port Region and authorizing an Economic Development Agreement with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the newly created San Jacinto Texas Historic District -- Project Stars. Interim City Manager Leiper explained that the Proposed Ordinance (i) makes a change in the City of Baytown’s Fiscal Year 2006-2007 budget for municipal purposes in order to reprogram funds in the Hotel Occupancy Tax Contingency Fund for the cost of tourism and promotion services to be provided by the Economic Alliance Houston Port Region and (ii) authorizes an Economic Development Agreement with Economic Alliance Houston Port Region (the Alliance) to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the newly created San Jacinto Texas Historic District -- Project Stars. Under the proposed agreement, the Alliance will:  promote or advertise the City of Baytown and its surrounding area to attract conventions, visitors and businesses;  present Baytown in the marketing materials and programs of the Alliance including its regional website and newly created San Jacinto Texas Historic District (Project Stars);  provide copies of Alliance publications;  invite City officials and staff to all events, workshops or forums organized and/or hosted by the Alliance; and  reserve one voting membership position on the Board of Directors of the Alliance for a designee of the City of Baytown and another for a designee of the Baytown Chamber of Commerce. For such services, the City will pay up to $10,000 a year for three years from its hotel occupancy tax revenues. Because this proposed agreement is to be funded by hotel occupancy tax revenues, the restrictions placed on such funds by state law are incorporated into the agreement, which restrictions include, in part, record keeping, apportionment limitations, restrictions on use, separate accounts, financial records, and quarterly and annual reports. The Agreement is for three years but contains a non-funding provision should subsequent years not be funded by the City Council. The first term commences July 1, 2007. Interim City Manager Leiper pointed out to Council that by approving this ordinance, the $10,000 dues would be paid out of the 2006-07 budget and therefore they approved amendment of the 2006-07 municipal budget in order to incur the $10,000 cost. Council briefly discussed the item and moved to approve. Page 13 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Council Member Sheley moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2006-2007 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE HOTEL OCCUPANCY TAX CONTINGENCY FUND FOR THE COST OF TOURISM AND PROMOTION SERVICES TO BE PROVIDED BY THE ECONOMIC ALLIANCE HOUSTON PORT REGION; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ECONOMIC DEVELOPMENT AGREEMENT FOR TOURISM AND PROMOTION SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT REGION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the placement of street lights in the specified rights-of-way of the City of Baytown near Union Pacific’s railroad tracks. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the placement of street lights in the following specified rights-of-way of the City of Baytown:  2 at Dyer and Union Pacific’s railroad track  2 at Hafer and Union Pacific’s railroad track  1 at Martin Luther King and Union Pacific’s railroad track adjacent to Stadium Drive. Furthermore, CenterPoint Energy issued 123 allowances for free streetlight installation for the City of Baytown in 2007. To date, the City has not used any of those calendar year allotments. Council has authorized the installation of 81 new streetlights in the current fiscal year, although they were taken from the 2006 CenterPoint calendar year allocation. While the initial installation is free of charge, the City will pay a fee for electricity and Page 14 of 28 Minutes of the Regular Session Meeting — July 26, 2007 maintenance once the streetlights are installed. The City has 89 additional streetlights funded in the current fiscal year. The Planning & Zoning Commission, at its July 18th meeting, approved recommending that City Council consider the installation of street lights at the above-referenced intersections. Council engaged in discussion regarding this item. Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PLACEMENT OF STREET LIGHTS IN THE SPECIFIED RIGHTS-OF-WAY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a contract with Klotz Associates, Inc. for professional engineering services to prepare Plans, Specifications and Estimates (PS&E) documents for the TxDOT Bridge Inventory & Inspection Systems (TxDOT BRINSAP) Project. Interim City Manager Leiper explained that the Proposed Ordinance authorizes a professional services contract with Klotz Associates, Inc. in the amount not to exceed $134,000 for the preparation of plans, specifications and cost estimates to rehabilitate five bridges in Baytown; which include Garth Road at East Fork of Goose Creek, Rollingbrook Drive at East Fork of Goose Creek (eastbound and westbound), Rollingbrook Drive at West Fork of Goose Creek and West Texas Avenue at Goose Creek, for the TxDOT BRINSAP Project. Annual bridge inspections by TxDOT defined erosion problems needing correction below each of these bridges. A preliminary report was prepared by Klotz Engineers defining the problems and outlining the needed improvements to be designed under this contract. Compensation for all services shall not exceed the amount of $78,890 for basic services, $30,740 for Surveying Services and $22,000 for Environmental Services. The project’s reimbursable expenses shall not exceed $2,370. Therefore, the total contract amount is $134,000. Upon the issuance of a notice to proceed, Klotz Associates, Inc. will complete the PS&E documentation within 160 calendar days. Available drainage funds from general obligation bonds will be utilized to fund this project. Page 15 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Council Member Mahan moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried ORDINANCE NO. 10,661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF FIVE BRIDGES FOR THE TXDOT BRINSAP PROJECT WITH KLOTZ ASSOCIATES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FOUR THOUSAND AND NO/100 DOLLARS ($134,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding a construction contract for the Bowie Street Drainage Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $117,427.50 to Jimerson Underground, Inc., for the Bowie Street Drainage Project. The scope of work includes grading and improving an existing drainage swale, installing 1,050 feet of 18" High Density Polyethylene Pipe and boring and jacking 40 feet of RCP below the Center Point transmission line to improve drainage at the low point of Bowie Street. The estimated construction cost for this project was $58,357.50. Three bids were received and the bid tab and letter of explanation for higher prices on the bids is attached. The construction duration is 60 calendar days. Funds are available for this project in the 2003 G.O. Bonds. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried Page 16 of 28 Minutes of the Regular Session Meeting — July 26, 2007 ORDINANCE NO. 10,662 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 JIMERSON UNDERGROUND, INC., FOR THE BOWIE STREET DRAINAGE PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 50/100 DOLLARS ($117,427.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending the Code of Ordinances, Baytown, Texas, to adopt the 2006 edition of the International Building Code (IBC), International Residential Code (IRC) International Energy Conservation Code (IECC), International Fire Code (IFC) with amendments, International Fuel Gas Code (IFGC) International Mechanical Code (IMC), International Plumbing Code (IPC) International Property Maintenance Code (IPMC), and the International Existing Building Code (IEBC). Interim City Manager explained that the Proposed Ordinance the Code of Ordinances, Baytown, Texas, to adopt the 2006 edition of the International Building Code (IBC), International Residential Code (IRC) International Energy Conservation Code (IECC), International Fire Code (IFC) with amendments, International Fuel Gas Code (IFGC) International Mechanical Code (IMC), International Plumbing Code (IPC) International Property Maintenance Code (IPMC), and the International Existing Building Code (IEBC). Amendments to the Fire Code address issues pertaining to access roads, standardization of fire hose thread to assure compatibility with current equipment, and signage to readily identify fire department connections on commercial buildings. Interim City Manager Leiper further explained that several of the proposed amendments associated with the adoption of the Fire Code affect the Code of Ordinance, Chapter 126, Subdivision. Revisions to this chapter require a review by the Planning and Zoning Commission (P&Z) and a public hearing. As such, these proposed changes will be presented to the P&Z at their next meeting followed by a public hearing at a later date. The items requiring review by the P&Z are the gate setback distance from the public right of way, minimum gate width, minimum turning radiuses and location of fire hydrants. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 17 of 28 Minutes of the Regular Session Meeting — July 26, 2007 ORDINANCE NO. 10,663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 3 "BUILDING CODE," SECTION 18-91 "ADOPTED," SUBSECTION (A); ARTICLE IV, "PLUMBING CODE," SECTION 18-461 "ADOPTED," SUBSECTION (A); ARTICLE V "MECHANICAL CODE," DIVISION 3 "STANDARDS," SECTION 18- 556 "CODE ADOPTED," SUBSECTION (A); ARTICLE VI "INTERNATIONAL FUEL GAS CODE," DIVISION 2 "STANDARDS," SECTION 18-622 "CODE ADOPTED," SUBSECTION (A); ARTICLE VII "INTERNATIONAL PROPERTY MAINTENANCE CODE," DIVISION 2 "STANDARDS," SECTION 18-625 "CODE ADOPTED," SUBSECTION (A); ARTICLE VIII "INTERNATIONAL ENERGY CONSERVATION CODE," DIVISION 2 "STANDARDS," SECTION 18-628 "CODE ADOPTED," SUBSECTION (A); ARTICLE IX "MINIMUM PROPERTY STANDARDS," DIVISION 2 "STANDARDS," SECTION 18-651 "RESIDENTIAL CODE ADOPTED," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; ARTICLE DC lA "INTERNATIONAL EXISTING BUILDING CODE," DIVISION 2 "STANDARDS," SECTION 18-765 "ADOPTED," SUBSECTION (A); AND CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE in "FIRE PREVENTION STANDARDS," SECTION 38-61 "CODE ADOPTED," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO ADOPT THE 2006 INTERNATIONAL CODES; AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION STANDARDS/'SECTION 38-62 "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO ADD A NEW SUBSECTION (C) TO PROVIDE AMENDMENTS TO THE CITY'S FIRE PREVENTION CODE; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR REGULATIONS OF BUILDINGS AND A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR REGULATIONS OF FIRE SAFETY; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance setting the time, date and place of the public hearing on the question of whether the City should tax goods-in-transit exempt under House Bill 621. Interim City Manager Leiper explained that the Proposed Ordinance sets the time, date and place of the public hearing on the question of whether the City should tax goods-in- transit exempt under House Bill 621. In the 2007 session, the Texas Legislature passed HB 621, which is the implementing legislation for a constitutional amendment that was passed several years ago. The new law exempts goods, principally inventory, that are stored in a location that is not owned by the owner of the goods and are transferred from that location to another location within 175 days. The goods may be in the location for the purposes of assembling, storing, manufacturing, processing, or fabricating purposes Page 18 of 28 Minutes of the Regular Session Meeting — July 26, 2007 by the person who acquired or imported the property. Certain specific types of goods are excluded from this exemption, including oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. The new law, however, provides that the governing body of each taxing unit may act to tax goods which are exempt in the year following the year in which the governing body takes action. These goods will first become exempt in 2008. Therefore, if the City wishes to continue to tax these types of goods in 2008, the City must act to tax the goods before the end of 2007, and inform the appraisal districts of Harris and Chambers Counties of its action. Before any such action is taken, the City Council must hold a public hearing at which members of the public are permitted to speak for or against the taxation of the property. The Proposed Ordinance set the public hearing for August 9, 2007, during the regularly scheduled council meeting. Council engaged in a brief discussion of the item. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Council Member Capetillo exited the meeting at 7:30 p.m. ORDINANCE NO. 10,664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE QUESTION OF WHETHER THE CITY SHOULD TAX GOODS-IN-TRANSIT EXEMPT UNDER HOUSE BILL 621; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. PROPOSED RESOLUTIONS Consider Proposed Resolution accepting the City of Baytown Aquatic Facilities Master Plan. Interim City Manager Leiper explained that the Proposed Resolution accepts the City of Baytown Aquatic Facilities Master Plan. On December 14, 2006 Council approved a contract with Kimley Horn and Associates and Counsilman Hunsaker and Associates to develop an Aquatic Facilities Master Plan. The study reviewed existing pool condition at Page 19 of 28 Minutes of the Regular Session Meeting — July 26, 2007 N.C. Foote Pool and the Wayne Gray Sports Complex Pool and made recommendations for renovations and upgrades. Both pools were built in 1973. The study also provided the potential utilization and feasibility of the construction/renovation of the aquatic facilities and needed layout and project cost estimates for the projects. The study also looked at the need and placement of additional spray grounds. The consultants made several visits to Baytown and interviewed several interested groups and potential users as well as making presentations to both the Parks and Recreation Advisory Board and the City Council. The Consultants' recommendations include replacing the Sports Complex Pool with a Community Pool and N.C. Foote Pool with a smaller Neighborhood Pool. They also recommend construction of Spray Grounds at McElroy Park, a future site north of I-10 and on the east side of town possibly near the Pinehurst subdivision. Smaller splash pads are recommended at Bergeron Park, Pelly Park and a future site downtown. Phase Three north of I-10 is not part of the master plan. Scott Johnson, Director of Parks and Recreation, spoke of admission charges for Wayne Gray – adults, five dollars ($5.00) and under 17, four dollars ($4.00). Hawaiian Tropics – one of the problems is that we are taxed twice. Initial phase is to work on the existing pools and timing wise the splash pads are a good few years away. The Parks and Recreation Advisory Board approved the Aquatic Facilities Master Plan on July 9, 2007. Council engaged in discussion regarding the possibility of a large scale aquatics park and its effects on the current plan. Council agreed that the plan must move forward as is and should the opportunity for a large scale aquatics park occur, Council will deal with the proposal at that time. Council Member Sheley moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, and Caskey Mayor DonCarlos Nays: Council Member Mahan The motion carried. RESOLUTION NO. 1871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CITY OF BAYTOWN AQUATIC FACILITIES MASTER PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 20 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Consider Proposed Resolution canceling the regular City Council meetings scheduled for Thursday, November 8, 2007 and Thursday, November 22, 2007 respectively, and calling special City Council meetings for Monday, November 5, 2007, at 6:30 p.m. and Thursday, November 15, 2007 at 5:00 p.m. Interim City Manager Leiper explained that the Proposed Resolution cancels the regular City Council meetings scheduled for Thursday, November 8, 2007 and Thursday, November 22, 2007 respectively, and calling special City Council meetings for Monday, November 5, 2007, at 6:30 p.m. and Thursday, November 15, 2007 at 5:00 p.m. The Texas Municipal League Annual Conference will be held in Dallas from November 6 - 9, 2007. In order to accommodate conference attendance by Council members, it is proposed that the regularly scheduled meeting on Thursday, November 8th be rescheduled to Monday, November 5th. Thanksgiving falls on the regular City Council meeting day, Thursday, November 22nd. The Council traditionally moves this meeting to the Tuesday prior to Thanksgiving, but in order to accommodate canvassing the November 6, 2007 Bond Election results it is being moved to Thursday, November 15, 2007 at 5:00 p.m. without a Work Session. Council Member Sheley moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETINGS TO BE HELD ON NOVEMBER 8, 2007, AND NOVEMBER 22, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON NOVEMBER 5, 2007, AT 6:30 P.M. AND NOVEMBER 15, 2007, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution calling a Special Council Meeting for Monday, July 30, 2007, at 8:30 a.m. The Proposed Resolution calls a Special Council Meeting for Monday, July 30, 2007, at 8:30 a.m. This meeting is primarily for the City Council to conduct interviews with Page 21 of 28 Minutes of the Regular Session Meeting — July 26, 2007 candidates for the City Manager position. Other matters may be considered in accordance with the agenda posted for such meeting. Council Member Sheley moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey Mayor DonCarlos Nays: The motion carried. RESOLUTION NO. 1873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON JULY 30, 2007, AT 9:00 A.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Discuss and take appropriate action concerning railroad crossings and/or road closures for portions of Dyer, Hafer, Martin Luther King, and Pine Street. Interim City Manager explained the road closures for portions of Dyer, Hafer, Martin Luther King and Pine Street. He explained that a railroad grade crossing represents elevated risk as an additional opportunity for a collision between a train and a vehicle or pedestrian. The City staff has evaluated these unmarked crossings to determine whether they were redundant grade crossings that could be closed to improve safety while not posing operational or public safety obstacles. Specifically, the following was proposed: Street Staff Recommendation Staff recommended that a traffic study be conducted by a traffic engineer for this crossing to determine appropriate further traffic control measures, if any, which could be undertaken by the City. Two Dyer temporary stop signs have been installed and it is proposed that these stop signs with the additional of warning flashers, and two streetlights become the permanent warning system at this intersection. Staff recommended that a traffic study be conducted Hafer by a traffic engineer for this crossing to determine appropriate further traffic control measures, if any, Page 22 of 28 Minutes of the Regular Session Meeting — July 26, 2007 which could be undertaken by the City. Two temporary stop signs have been installed and it is proposed that these stop signs with the additional of warning flashers, and two streetlights become the permanent warning system at this intersection. One temporary stop sign has been installed and it is proposed that this stop sign with the additional of warning flashers, and two streetlights serve as the temporary warning system at this intersection until such time as funding can be obtained for the installation of railroad warning lights and crossing Martin gates. Staff recommended that general traffic counts Luther and specific school bus counts be gathered in King September once school is back in session. Thereafter, a grant request will be submitted to TxDOT for permanent crossing warning system installation. Since City ordinance only provides temporary administrative installations for up to 90 days, it was necessary for Council to authorize a longer, temporary installation. Staff recommended closing the crossing at Pine Street together with that portion of J.B. LeFevre between Airhart and Dayton. There are no houses along this stretch of J.B. LeFevre and it is used mostly as a cut through to Bayway Drive. The City proposed to temporarily close these locations pending review and recommendation by the Pine Planning and Zoning Commission and approval by Street City Council. The City will place signs at both ends of the closure to inform the public at least one week before the street is actually closed. The City does not propose to abandon the right-of-way at this time. At this time, formal direction was requested to execute a temporary closure and to pursue the normal road closure process through the Planning and Zoning Commission with future consideration of Page 23 of 28 Minutes of the Regular Session Meeting — July 26, 2007 the final action by City Council. The City believed that the closure is appropriate for the safety of the public, and it is a redundant and unnecessary street/railroad crossing. The City will make application with Union Pacific Railroad for $7,500 to defray the costs of roadway changes and with TxDOT for $7,500 for eligible safety improvements, including signage and barricades. After Council engaged in discussion regarding this item; it was decided to vote on each of the road closures separately and they are as follows: Council Member Murray moved to approve the motion of the temporary closures of Dyer and Hafer Street. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey Mayor DonCarlos Nays: None The motion carried. Council Member Murray moved to approve the motion to temporarily close Martin Luther King Street. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey Mayor DonCarlos Nays: None The motion carried. Council Member Mahan moved to approve the motion to temporarily close Pine Street. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey Mayor DonCarlos Nays: None The motion carried. Page 24 of 28 Minutes of the Regular Session Meeting — July 26, 2007 DISCUSSIONS Receive the City Manager’s proposed budget and budget message for fiscal year 2007-2008. Mr. Erin Tay spoke to Council on behalf of the Baytown EMS Division. Mr. Tay requested that Council consider reviewing the compensation and salary studies conducted by the Human Resources Department that they feel is not “accurate, complete and fair.” Furthermore, Mr. Tay requested that this issue be considered before finalizing the 2007- 08 municipal budget. Mayor DonCarlos thanked Mr. Tay for his comments and assured him that this issue will be explored in one of the many budget workshops that will be taking place prior to adopting the 2007-08 municipal budget. The City Charter provides in Article V, Sec. 41 that “the city manager, at least sixty days prior to the beginning of each budget year, shall submit to the council a proposed budget and an explanatory budget message in the form and with the contents provided by sections 50 and 52.” Interim City Manager Leiper explained that the proposed budget can be changed or modified prior to its adoption. Article V, Sec. 46 of the Charter requires the City Council adopt an annual budget no later than September 27 of each year or the City Manager's proposed budget shall be adopted as originally submitted to Council. Work Sessions on the proposed budgets are scheduled as follows: 1. July 31, 2007 at 4:30 p.m. 2. August 1, 2007 at 5:30 p.m. 3. August 2, 2007 at 5:30 p.m. The City of Baytown’s proposed budget for the fiscal year 2007-08 was received by the City Council. Consider Proposed Ordinance setting the time, date and place of the public hearing on the 2007-2008 fiscal year budget. Interim City Manager Leiper explained that the Proposed Ordinance sets the time, date and place of the public hearing on the 2007-2008 fiscal year budget. The City Charter provides in Article V, Sec. 43 that “At the meeting of the council at which the budget and budget message are submitted, the council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after the date of publication, at which the council will hold a public hearing.” The proposed date is August 23, 2007 at 6:40 p.m. and the hearing will be held in Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas. Page 25 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Council Member Caskey moved to approve the Ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey Mayor DonCarlos Nays: None The motion carried. Discuss and consider alternative methods for delivery of Council packet information. This item was not ready. CONSENT Council Member Sheley moved to adopt consent agenda items 5a through 5e. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. 5a. Consider Proposed Ordinance awarding the annual frozen dinner’s contract. ORDINANCE NO. 10,666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SYSCO FOOD SERVICES OF HOUSTON, L.P., FOR THE ANNUAL FROZEN DINNERS 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. 5b. Consider Proposed Ordinance authorizing the purchase of five 2007 Ford Police Interceptors from Philpott Motors, Ltd., through H-GAC. ORDINANCE NO. 10,667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THREE THOUSAND THREE HUNDRED NINETY-EIGHT AND 15/100 DOLLARS ($103,398.15) TO HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2007 FORD Page 26 of 28 Minutes of the Regular Session Meeting — July 26, 2007 POLICE INTERCEPTORS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5c. Consider Proposed Ordinance authorizing the purchase of a generator for City Hall/Community Center through H-GAC. ORDINANCE NO. 10,668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-NINE THOUSAND SEVEN HUNDRED TWENTY AND 84/100 DOLLARS ($139,720.84) TO HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 750KW DIESEL KOHLER GENERATOR FOR CITY HALL/COMMUNITY CENTER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5d. Consider Proposed Ordinance approving a construction contract between the Baytown Area Water Authority and Alvin Contracting for the BAWA Raw Waterline Project. ORDINANCE NO. 10,669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAWA RAW WATERLINE PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ALVIN CONTRACTING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5e. Consider Proposed Resolution authorizing the execution of the General and No Litigation Certificate of Local Governmental Unit in regards to the Southeast Texas Housing Finance Corporation's issuance of Multifamily Housing Revenue Bonds (Lakeside Apartments) Series 2007. RESOLUTION NO. 1874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (LAKESIDE APARTMENTS) SERIES 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 27 of 28 Minutes of the Regular Session Meeting — July 26, 2007 APPOINTMENTS Consider appointment to the Baytown Crime Control and Prevention District (1). Mayor DonCarlos nominated Deborah Gutierrez to serve as Board Member to the Baytown Crime Control and Prevention District to complete Mr. Coleman Godwin’s unexpired term, which ends September 1, 2007. Mr. Godwin resigned from his post. Council Member Sheley moved to confirm the appointment of Deborah Gutierrez as a Board Member to the Baytown Crime Control and Prevention District. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Consider Appointment to the Baytown Fire Control, Prevention, Emergency Medical Services District (1). Council Member Sheley nominated Lovella Desormeaux as Board Member for the Baytown Fire Control, Prevention, Emergency Medical Services District to complete the unexpired to term of Mercedes Renteria, which end on September 1, 2008. Council Member Sheley moved to confirm the appointment of Lovella Desormeaux as a Board Member for the Baytown Fire Control, Prevention, Emergency Medical Services District. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Board of Adjustment (5). Mayor DonCarlos nominated Jim Coker as Board Member for the Board of Adjustments to replace Dana Davis who does not wish to seek reappointment. Mr. Mike Wilson, Mr. Bobby Lintleman, Ms. Marianne Tucker and Mr. Gilbert Santana’s term expires on July 27, 2007 and for this reason seek reappointment to another term on the Board of Adjustments by Council to expire on July 27, 2009. Page 28 of 28 Minutes of the Regular Session Meeting — July 26, 2007 Council Member Mahan moved to confirm the appointment of Jim Coker as a Board Member for the Board of Adjustments. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey Mayor DonCarlos Nays: None The motion carried. EXECUTIVE SESSION No executive session was held. MANAGER'S REPORT Received the final update on Taft Circle Chief Building Officer, Kevin Byal reported to Council that the last of the Taft Circle Apartment buildings had been demolished and that the project was now complete. National Night Out National Night Out is tentatively scheduled for Tuesday, August 7, 2007. More information will be given to Council by the committee in the near future. Departmental Presentation Health Director Mike Lester presented the Health Department PowerPoint presentation to Council. A DJOURN With no additional business to discuss, Mayor DonCarlos closed the meeting at 8:05 p.m. ______________________________ Leticia Garza, Assistant City Clerk