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2007 08 23 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 23, 2007 – 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 23, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez Council Members Lynn A. Caskey, II Council Member Sammy Mahan Council Member Don Murray Council Member Brandon Capetillo Mayor ProTem Robert D Leiper Interim City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Mayor DonCarlos and Council Member Scott Sheley were absent. The meeting was called to order by Mayor ProTem Capetillo at 6:30 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes from the Regular Session Meeting and the Work Session Meeting held on August 9, 2007. Council Member Mahan moved to approve the minutes as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, and Yepez Mayor Pro Tem Capetillo Nays: none Abstain: Council Member Caskey The motion carried. CITIZENS COMMUNICATIONS Mr. Ken Williamson has requested to address Council concerning the use and cost of printing information on the utility water bill in Spanish. Mr. Williamson was not present. Mayor ProTem Capetillo called item 8a. out-of-order. Page 2 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Discuss the upcoming Grito Fest Parks and Recreation Director, Scott Johnson told Council that his department had completed the line up for the upcoming Grito Fest. The annual event, scheduled for September 15th at Bicentennial Park, will feature tejano music star Shelly Lares and this year's headliner "La Mafia". The event will be held from 10:00 a.m. to 7:30 p.m. and admission is FREE. This family friendly outdoor concert will feature Mariachis, Kid’s Activities, a Car Show, Jalapeno Eating Contest, Salsa Contest, Accordion Competition, and a Grito Competition. Food and arts-n-craft vendors will be selling tasty treats and handmade creations! SCHEDULE OF EVENTS 10:00 – 10:45 a.m. Ciclo Norteno 11:00 – 11:45 a.m. Mariachis - Mariachi Los Gallitos 12:00 – 12:30 p.m. Grito Preliminaries 12:30 – 1:30 p.m. Texas Heat 1:30 – 2:00 p.m. Accordion Competition 2:00 – 3:00 p.m. Mariachis - Reyes De Mexico 3:00 – 4:00 p.m. Jalapeño/Salsa/Grito Championships 4:00 – 5:30 p.m. Shelley Lares 5:30 – 6:00 p.m. Grito Fest Scholarship Presentation 6:00 – 7:30 p.m. La Mafia Mr. Johnson had 2 guests with him to address Council about the festivities. One of the guests gave a sample “grito”. Before calling the next item, Interim City Manager Leiper and Council recognized Jessica Roberts a reporter with The Baytown Sun who has covered many Council Meetings during the past couple of years. Mr. Leiper reported that Ms. Roberts will be leaving The Baytown Sun and this meeting will be her last. PUBLIC HEARINGS Conduct the Public Hearing on the City of Baytown Proposed 2007-08 Fiscal Year Budget (6:40 p.m.). Mayor ProTem Capetillo opened the public hearing regarding the City of Baytown Proposed 2007-2008 Fiscal Year Budget at 6: 36 p.m. With no one signing up to speak, Mayor ProTem Capetillo closed the public hearing regarding the City of Baytown Proposed 2007-2008 Fiscal Year Budget at 6:37 p.m. Before moving on to the next item, Ms. Rhonda Young, Director of Finance, gave a report on the Technical Adjustments being made to the proposed budget and Interim City Manager Leiper Page 3 of 23 Minutes of the Regular Session Meeting— August 23, 2007 reported that the adoption of the budget is planned for the next Council Meeting on September 13, 2007. Conduct a Public Hearing to consider the advisability of the creation of a public improvement district to make certain improvements over certain property located within the corporate limits of the City of Baytown (6:40 p.m.). Mayor ProTem Capetillo opened the public hearing regarding the advisability of the creation of a public improvement district to make certain improvements over certain property located within the corporate limits of the City of Baytown at 6:38 p.m. The improvements are for the construction of public utilities (water, sewer & drainage facilities), detention, paving, and related improvements within the PID. The estimated costs of the improvements, including financing, total $45,000,000 over the life of the PID -- $20,000,000 with additional financing costs associated with the cost of the public improvements estimated at $20,300,000 within the Grand Isle Development portion and $4,700,000 within the Bay Oaks Harbor Section One portion over the life of the PID. Notice of the Public Hearing was published in The Baytown Sun on August 7, 2007 and a copy of the Public Notice containing the information required by LGC 372.005 (b) was mailed to the property owners subject to assessment under the proposed public improvement district on August 3, 2007. With several people signing up to speak at this meeting, Mayor ProTem Capetillo called each in the following order: Earl Martin, 2846 Bay Oak Harbor, Baytown, TX (832)-984-8576: Mr. Martin addressed Council stating that he was for the repair of the roads and the water but he was worried that the assessment may cause some people to leave the subdivision and he was worried how other would pay. He was also concerned that the assessment would be distributed evenly. Eduardo Vilano, 3343 Angel Fish Cove, Baytown, TX (281) 428-1167: Mr. Vilano passed his time to Mr. Mitchell Pearce. Jack Patterson, 2406 Bay Oaks Harbor Drive, Baytown, TX (281) 422-0173: Mr. Patterson passed his time to Mr. Mitchell Pearce. Mr. Bill Stevens, 2818 Bay Oaks Harbor Drive, Baytown, TX (832) 250-6915: Mr. Stevens passed his time to Mr. Mitchell Pearce. Sharlotta Pearce, 4704 Ripple Creek Drive, Baytown, TX (281) 424-4168: Ms. Pearce passed her time to Mr. Mitchell Pearce. Dorothy Stevens, 2818 Bay Oaks Harbor Drive, Baytown, TX (281) 428-5805: Ms. Stevens passed her time to Mr. Mitchell Pearce. Page 4 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Mr. Ken Ammons, 3026 Bay Oaks Harbor Drive, Baytown, TX (832) 687-0347: Mr. Ammons told Council that he is a retired Marine and is active in the community. He is currently the Director of the Bay Oaks Harbor Home Owners Association (The Association) and supports the street repair and drainage. The Association places a high priority on these issues and over the years has spent a bulk of their dues on these types of repairs and cannot keep ahead of the game. When the Public Improvement District (PID) was brought to the Association as a solution, the Board agreed that this idea would work for the Association. The Board understood that some of the home owners would not agree initially but would eventually buy into the PID idea once they understood the benefits that the PID offers because it will improve the subdivision. Denise Forest, 1142 Bay Oaks Harbor, Baytown, TX (832) 556-0755: Ms. Forest told Council that she is in favor of better roads but she is against the assessment. She stated that other citizens of the City do not have to pay extra to get better roads and does not understand why the citizens of Bay Oaks Harbor should be any different. She told Council that everything about the establishment of this PID has been very secretive and many of the home owners have been told different stories. She also mentioned a problem with drainage on her property. Interim City Manager Leiper explained that Mr. Dick Carter would be in touch with her regarding her questions concerning drainage. Paula Williams, 1032 Bay Oaks Harbor, Baytown, TX (832) 420-7632: Ms. Williams told Council that she was told that the City of Baytown was suppose to take over the water and that the cost of the water would cover the cost of the PID assessment; however, she does not believe that that will be the case. She told Council that everything she is told does not seem to add up. Mitchell Pearce, 4704 Ripple Creek, Baytown, TX (281) 424-4168: Mr. Pearce told Council that he owns property in Bay Oaks Harbor Subdivision and that there are many people from the subdivision in attendance at tonight’s meeting from the subdivision. He explained that during the course of events leading up to this meeting, many neighborhood meetings were held to discuss the PID. The home owners were told that the method of payment is set by Council and is therefore not yet set. He told Council that this subdivision has a long history and much money has been spent on low quality roads. This is an opportunity to bring the subdivision up to the quality that all expect. A Home Owners Association can never afford to make the $2,000,000 in repairs that are necessary. The water transfer paper work was completed last week and will start the 100 day public hearing period so somewhere in January the subdivision will become part of the City of Baytown water system. Every effort was made to educate the citizens of Bay Oaks Harbor about the PID. We are in the process of trying to build a fence along Tri City Beach Road which hopefully will be completed during the next 6 months. Thomas Holcomb (not on list), 2314 Bay Oaks Harbor Drive, Baytown, TX: Mr. Holcomb wants the same benefits as other City of Baytown citizens and does not understand why property owners have to pay for these roads when City of Baytown should have overseen these 20 years ago. Page 5 of 23 Minutes of the Regular Session Meeting— August 23, 2007 With no one else signing up to speak, Mayor ProTem Capetillo closed the public hearing regarding the advisability of the creation of a public improvement district to make certain improvements over certain property located within the corporate limits of the City of Baytown at 7:02 p.m. Conduct a Public Hearing on amendments to Chapter 126 “Subdivisions” of the Baytown Code of Ordinances, pertaining to fire safety issues, including amending Section 126-382 “Plat required”; Section 126-384 “Waiver of final plat,” subsection (a); and Section 126- 385 “Location of structures; fire hydrants; fire lane easements,” subsections (a), (b) and (e); adding two new sections to be numbered and entitled Section 126-253 “Gate design for emergency access” and Section 126-301 “Location of fire hydrants”; and repealing subsection (c) of Section 126-438 “Gate design for emergency access.” Mayor ProTem Capetillo opened the public hearing regarding amendments to Chapter 126 “Subdivisions” of the Baytown Code of Ordinances at 7:02 p.m. Interim City Manager Leiper explained that Texas Local Government Code, Section 212.002 requires City Council to hold a public hearing prior to adopting rules governing plats and subdivisions of land. Notice of the public hearing was published in The Baytown Sun on August 13, 2007, and on the City's website on August 7, 2007. With no one signing up to speak, Mayor ProTem Capetillo closed the public hearing regarding the City of Baytown Proposed 2007-2008 Fiscal Year Budget at 7:03 p.m. BUSINESS ITEMS PROPOSED ORDINANCES Consider Proposed Ordinance amending Chapter 126 “Subdivisions,” Article III “Developments” of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 126-253 “Gate design for emergency access”; to add a new section to be numbered and entitled Section 126-301 “Location of fire hydrants”; and to amend Section 126-382 “Plat required”; Section 126-384 “Waiver of final plat,” subsection (a); and Section 126-385 “Location of structures; fire hydrants; fire lane easements,” subsections (a), (b) and (e) of the Code of Ordinances, City of Baytown, Texas; and repealing Division 5 “Private Subdivision Development,” Section 126-438 “Gate design for emergency access,” subsection (c). Interim City Manger explained that the Proposed Ordinance amends Chapter 126 “Subdivisions,” Article III “Developments” of the Code of Ordinances, Baytown, Texas, to conform the City’s subdivision regulations to those of the recently adopted International Fire Prevention Code. The following is a summary of some of the changes: Page 6 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Section Revision Summary 126-253 This new section is very similar to Section 126-253, however, it makes the requirements of gate design for private subdivisions applicable to all developments erecting a gate. This change will ensure that there is adequate space for fire apparatus, and personnel responding to emergencies. This section changes the minimum clear opening to width of the fire lane or fire department access road, requires a minimum of a 35 foot centerline turning radius, and changes the setback to a minimum of 45 feet. 126-301 This section requires that fire hydrants be spaced no further than 500 feet apart along access ways in residential areas. 126-382 This section requires a commercial plat when a building is located more than 150 feet from a public street, instead of 300 feet. 126-384 This section waives the requirement of a commercial plat if certain conditions are met. The section is being amended to reflect the distance between a structure and a public street must be 150 feet – not 300 feet. 126-385 This section is likewise being amended to reflect the 150 distance between a structure and a dedicated public street. 126-438 This section is being repealed and its contents were moved to the new Section 126-253, which makes the requirements in this section applicable to all gated facilities. The Planning and Zoning Commission considered these amendments at its meeting on August 15, 2007, and recommended approval. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE NO. 10,683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 1 “GENERALLY” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 126- 253 “GATE DESIGN FOR EMERGENCY ACCESS”; AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 126-301 “LOCATION OF FIRE HYDRANTS”; AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III Page 7 of 23 Minutes of the Regular Session Meeting— August 23, 2007 “DEVELOPMENTS,” DIVISION 3 “COMMERCIAL,” SECTION 126-382 “PLAT REQUIRED”; SECTION 126-384 “WAIVER OF FINAL PLAT,” SUBSECTION (A); AND SECTION 126-385 “LOCATION OF STRUCTURES; FIRE HYDRANTS; FIRE LANE EASEMENTS,” SUBSECTIONS (A), (B) AND (E) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; AND REPEALING DIVISION 5 “PRIVATE SUBDIVISION DEVELOPMENT,” SECTION 126-438 “GATE DESIGN FOR EMERGENCY ACCESS,” SUBSECTION (C) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. 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 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 second 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 Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, Yepez and Caskey Mayor Pro Tem Capetillo 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 Page 8 of 23 Minutes of the Regular Session Meeting— August 23, 2007 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 placing the property annexed into the City of Baytown in the previous agenda item and being described 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 in Council District 3. Interim City Manager Leiper explained that the Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described 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 in Council District 3. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE NO. 10,684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 3; 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 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. Page 9 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas. Interim City Manager Leiper explained that the Proposed 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 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. 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 Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, Yepez and Caskey Mayor Pro Tem Capetillo 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 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. Page 10 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Consider Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item 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 in Council District 3. Interim City Manager Leiper explained that the Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as 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 in Council District 3. Council Member Murray moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Murray, Mahan, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE NO. 10,685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 11 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Council Member Murray filed a Conflict of Interest Affidavit on the next item and did not participate in the vote or discussion of the item. Consider Proposed Ordinance providing for the taxation of goods-in-transit, which would otherwise be exempt pursuant to Section 11.253 of the Texas Tax Code. Interim City Manager Leiper explained that the Proposed Ordinance provides for the taxation of goods-in-transit, which would otherwise be exempt pursuant to Section 11.253 of the Texas Tax Code. In the 2007 session, the Texas Legislature passed HB 621, which 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 within 175 days. The new law, however, provides that the governing body of each taxing unit may take action to tax these goods. The goods-in-transit 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 before the end of 2007, and inform the appraisal districts of Harris and Chambers Counties of its action. The City Council held a public hearing concerning this matter on August 9, 2007, and may now take action to tax goods-in- transit. The proposed ordinance provides for such taxation. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none Council Member Murray did not participate in the vote or discussion The motion carried. ORDINANCE NO. 10,686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE TAXATION OF GOODS-IN-TRANSIT, WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO SECTION 11.253 OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance establishing a construction speed zone along a portion of Spur 330 Frontage Road. Interim City Manager Leiper explained that the Proposed Ordinance establishes a construction speed zone along a portion of Spur 330 frontage road. The ordinance establishes a temporary speed limit of 35 miles per hour during construction along the Spur 330 eastbound frontage road from just west of Rollingbrook to west of Airhart -- a distance of 0.402 miles. When construction is complete, the ordinance is no longer in effect. This action is being taken at the Page 12 of 23 Minutes of the Regular Session Meeting— August 23, 2007 request of TxDOT. TxDOT will be responsible for furnishing, installing and maintaining the signage for the project duration. Council Member Murray moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE NO. 10,687 AN ORDINANCE ESTABLISHING SPEED LIMITS THROUGHOUT CONSTRUCTION ALONG PORTIONS OF THE SPUR 330 EASTBOUND FRONTAGE ROAD WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE TEXAS DEPARTMENT OF TRANSPORTATION PROJECT DIRECTOR; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FOUR HUNDRED AND NO/100 DOLLARS ($400.00); AND PROVIDING FOR THE PUBLICATION, EFFECTIVE DATE, AND EXPIRATION THEREOF. Consider Proposed Ordinance granting a permit to Mont Belvieu Caverns, LLC for one new 16-inch pipeline in an existing pipeline corridor from Mont Belvieu southerly to about 2 miles south of I-10. Interim City Manager Leiper explained that the Proposed Ordinance grants a permit to Mont Belvieu Caverns, LLC for one new 16-inch pipeline used to transport diesel and gasoline, in an existing pipeline corridor within the ETJ. The line runs from Mont Belvieu southerly to about 2 miles south of I-10. The pipeline's maximum design operating pressure is 1480 PSIG and will be hydrostatic tested to a minimum of 2220 PSIG. The carrier pipe has an outside diameter of 16.000-inches and a wall thickness of 0.500-inches. The pipe will be API5L X 52 ERW pipe with 14 - 22 mils thick fusion bonded epoxy and abrasion resistant overcoat over fusion bonded epoxy. The minimum yield strength of the pipe is 52,000 PSI. It is recommended that the bond be set at $500,000 for the pipeline. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Page 13 of 23 Minutes of the Regular Session Meeting— August 23, 2007 ORDINANCE NO. 10,688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO MONT BELVIEU CAVERNS, LLC, FOR ONE NEW 16-INCH PIPELINE IN AN EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE ACTING DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the collective bargaining agreement with Baytown Professional Fire Fighters Association, Local 1173. Interim City Manager Leiper explained that the Proposed Ordinance approving the collective bargaining agreement with Baytown Professional Fire Fighters Association, Local 1173 (the “Union”). The agreement is for a term of three years and contains re-openers for salaries and certification pay in the second and third years of the contract. For the compensation component of the agreement, Texas civil service cities with a population from 60,000 – 125,000 were evaluated for a market comparison. The proposed agreement reduces the number of tiers in the rank of firefighter from 13 to 9 and provides at least a 4% increase between ranks. Also, the proposed contract includes bilingual pay of $50 per month for all firefighters who speak Spanish and pass a language proficiency test. The Union overwhelming approved this contract at its election held on August 14 -- 16, 2007. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE 10,698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an agreement with American Traffic Solutions, Inc., for the administration and enforcement of a photographic traffic signal enforcement system. Page 14 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Interim City Manager Leiper explained that the Proposed Ordinance authorizes an agreement with American Traffic Solutions, Inc. for the administration and enforcement of a photographic traffic signal enforcement system (the “system”). The proposed agreement is for a term of five years with one five-year renewal. During the term of the Agreement, ATS will provide all elements required to implement and operate the system, including: • assisting the City in analyzing sites, • providing outreach campaign strategies, including a one-time warning period • providing a secure website in which to view violation images and video, • performing preventative maintenance checks concerning the equipment, • supplying a local expert witness for hearings, and • providing the City the ability to compile and print various reports The City Council may chose several initial sites and thereafter add additional sites if it so desires. At the sites chosen by the City Council, ATS will operate the system on a 24-hour basis. Should the City chose some initial sites, the City Council at a later date will need to enact an ordinance establishing the City’s system. Such ordinance will include the amount of the civil penalty, the amount of the delinquent payment penalty, the appointment of a hearing officer, and other provisions necessary for a successful program. If the City Council desires to proceed with the system, a method of compensation must be chosen. The proposed agreement contains the three different methods from which Council may chose, namely a fixed fee, a variable fee based upon number of citations, and a percentage of collections. By passing this ordinance before September 1, 2007, the City will be exempt from some new State requirements placed on photographic traffic signal enforcement systems. Mr. Leiper reviewed the various fee options with Council and stated that staff’s recommendation is the percentage of collections option. Mr. Leiper also reviewed statistics from other cities and told Council that an approval of this Ordinance only approves the contract it does not install the red light cameras. Mayor ProTem Capetillo announced that Curt Ball had signed up to speak on this item and asked Mr. Ball to come forward to address Council. Curt Ball, 508 Scenic Drive, Baytown, Texas (281) 422-9813: Mr. Ball told Council that he was in favor of this contract and the red light cameras. He believes that the system will offer safety for intersections in the City of Baytown. Council engaged in discussion about the various options as well as the contract in general. There were several questions concerning who decides where the cameras will be installed and what if Council decides not to install any cameras. Mr. Leiper explained that Council decides where the cameras will be installed and if they decide not to install the approval of this contract means that Council cannot authorize any other company to install red light cameras. Page 15 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Council Member Murray moved to approve the Ordinance with fee option 3 - a percentage of collections as the method of payment. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE NO. 10,690 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC. FOR THE ADMINISTRATION AND ENFORCEMENT OF A PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor ProTem Capetillo announced that item 4.a.11 will be called at the end of the meeting after the Executive Session section. PROPOSED RESOLUTIONS Consider Proposed Resolution approving the co-sponsorship of the Uncle Sam Jam Festival on September 2, 2007, at Bayland Island benefiting Helping a Hero.Org. Interim City Manager Leiper explained that the Proposed Resolution approves the co- sponsorship of the Uncle Sam Jam Festival on September 2, 2007, at Bayland Island benefiting Helping a Hero.Org. This non-profit organization raises funds to assist injured soldiers and their families and is requesting co-sponsorship by the City of Baytown. This co-sponsorship will include the waiving of fees associated with the following equipment furnished by the Parks and Recreation Department: No. Description Quantity Unit Price Extended Price 1 Tents (20’ x 30’) 2 $200.00 $400.00 2 Tents (10’ x 10’) 2 $100.00 $200.00 3 Bleachers 4 $50.00 $200.00 4 Portable Stage (20’ x 30’) 1 $200.00 $200.00 TOTAL $1,000.00 Page 16 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Council Member Murray moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. RESOLUTION NO. 1876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE UNCLE SAM JAM FESTIVAL ON SEPTEMBER 2, 2007, AT BAYLAND ISLAND BENEFITING HELPING A HERO.ORG BY WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT; SUBJECT TO THE TERMS AND CONDITIONS OF THE BAYLAND PARK AND WATERFRONT SPECIAL USE PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Consider plans and specifications for the construction of the Baytown Firefighter Memorial project and authorize advertisement for bids. Interim City Manager Leiper explained that the City intends to construct a memorial plaza to honor those firefighters that have lost their lives in the line of duty. The project will be located at Bicentennial Park near the Gazebo and will feature a pavestone trail leading to the plaza and a sculpture by artist Edd Hays called "A Breath of Valor". The sculpture will be placed on a pedestal that will list the Baytown Firefighters that we have lost over the years. A black granite bench will be also located in the plaza along with flag poles. The statue and the flag poles will be lighted. The construction cost is estimated at $150,000. Approximately $20,000 is available from the current project funds. The City, firefighters union and the Baytown Life Safety Foundation have been working together to raise the needed funds to build the plaza. To date, over $85,000 has been raised. Additional funds will be utilized from CIPF and will be returned from additional contributions received. Bids are planned to be considered for approval by Council on September 27, 2007. Construction is expected to begin in October and take 60 to 90 days. Page 17 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Council Member Caskey moved to approve the plans and specifications and authorize the project for advertisement for bids. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. REPORTS Receive quarterly financial reports for the period ending June 30, 2007 for the City of Baytown. Council received the quarterly financial report for the period ending June 30, 2007 as given by Ms. Rhonda Young, Finance Director for the City of Baytown. Annual review and approval of the City's investment policy and strategy in compliance with the Public Funds Investment Act. Ms. Young, submitted the Investment Policy to Council for review and approval in accordance with the Public Funds Investment Act Section 2256-005 (e) & 2256-005 (f). She told Council that the policy was discussed at the August 21, 2007 Council Finance Committee meeting and was last reviewed and approved by Council at the regular meeting held September 12, 2006. The proposed investment policy deletes one authorized brokerage firm (Tejas) since this broker who was familiar with the City's investments is no longer with the firm. Council Member Mahan moved to approve the City’s investment policy and strategy in compliance with the Public Funds Investment Act. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Receive quarterly investment report for the period ending June 30, 2007 for the City of Baytown. Ms. Young gave the quarterly investment report to Council. She reported that the General Fund, investment interest revenue totals $912,565 which is 95% of the budget as compared to 107% for the prior year. Nonetheless, she told Council that we still anticipate meeting the current year's budgeted amount since we have collected 95% of the budget with only 75% of the fiscal year lapsed. Last year’s governmental pool investment earnings were based on interest rates from Page 18 of 23 Minutes of the Regular Session Meeting— August 23, 2007 4.74% to 5.00%. This year’s rates range from 5.257% to 5.288%. Last year’s U.S. Agency investment rates range from 1.78% to 5.69%. This year’s rates range between 3.70% and 6.00%. New investments are made at the market rates at the time of purchase. CONSENT Council Member Mahan moved to approve the Consent agenda items 5a through 5c. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Consider Proposed Ordinance approving the renewal of the bank depository contract with JP Morgan Chase Bank. ORDINANCE NO. 10,691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE BANK DEPOSITORY CONTRACT WITH JP MORGAN CHASE BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the annual software maintenance agreement with Sungard Pentamation, Inc. ORDINANCE NO. 10,692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND ONE HUNDRED FIFTY-FIVE AND 95/100 DOLLARS ($83,155.95) TO SUNGARD PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the City Manager to negotiate an agreement with Randall B. Strong for legal services associated with delinquent tax and bankruptcy collections. ORDINANCE NO. 10,693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH RANDALL B. STRONG FOR LEGAL SERVICES FOR DELINQUENT Page 19 of 23 Minutes of the Regular Session Meeting— August 23, 2007 TAX AND BANKRUPTCY COLLECTIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider and confirm the appointments to the Youth Advisory Commission. Council Member Caskey moved that the following youth be appointed the Youth Advisory Commission for the 2007-2008 term: Acosta, Joseph Chretien, Keena Cunningham, Corey Dippel, Clay Garcia, Christine Garcia, Jose Guzman, Victor Hilyard, Taylor Innis, Jessica Kenny, Katie Lester, Charles Miller, Jacob Siegelman, Laura Smith, Kelsey Thain, Amanda Thomason, Hayden Watty, Kelanie Whitley, Stephanie Winston, Michal Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Consider appointments to the Baytown Area Water Authority Board (3). Council Member Murray moved that Robert L. Gillette, Dan M. Mundinger, and Dan Conejo be re-appointed to serve on the Baytown Water Authority Board for the term to begin on September 1, 2007 and end on September 1, 2009. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Page 20 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Mayor ProTem Capetillo announced that the next two items would be taken together. Consider appointments to the Baytown Reinvestment Zone Number One Board (3). Consider appointments to the Baytown Redevelopment Authority (3). Council Member Mahan moved that Dr. Don Murray, Reggie Brewer, and Mike Wilson be re- appointed to serve on the Baytown Reinvestment Zone Number One Board and the Baytown Redevelopment Authority with the terms for each appointment to begin on September 1, 2007 and end on August 31, 2009. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Council recognized that Dr. Martha Ellis, President of Lee College has confirmed that the Lee College representative appointment to both boards, Steve Evans, whose term will also expire August 31, 2007, will serve another term which will begin September 1, 2007 and end on August 31, 2009. Consider appointments to the Parks and Recreation Board (2). Council Member Mahan moved to confirm the Mayor’s re-appointed of Howard Hunt to serve on the Parks and Recreation Board for the term to begin on August 31, 2007 and end on August 31, 2010. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Consider appointments to the Baytown Beautification Advisory Commission (6). Council Member Murray moved that Richard Moody and Jane Riggs be re-appointed to serve on the Baytown Beautification Advisory Commission for a term to begin September 30, 2007 and end on September 30, 2009. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Page 21 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Council Member Mahan moved to appoint Judy DuBose to fill the unexpired term of Shea Williams which will expire on September 30, 2008 and to appoint Eleanor Albon, Mitchell Pearce, Bert Marshall, and David Yepez to serve as new members to the Committee for a term to begin on September 30, 2007 and will expire on September 30, 2009. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. Consider appointments to the Baytown Animal Control Advisory Committee (3). Council Member Caskey moved that Mike Lester, Byron Jones, and Dr. Cynthia Lipps be re- appointed to serve on the Baytown Animal Control Advisory Committee for a term to begin September 26, 2007 and end on September 26, 2009. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. EXECUTIVE SESSION Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City’s attorneys regarding legal matters associated the barge terminal development along Cedar Bayou. Mayor ProTem Capetillo announced at 7:55 p.m. that Council would recess into and conduct an executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s attorneys regarding legal matters associated with the barge terminal development along Cedar Bayou. Mayor ProTem Capetillo re-convened the meeting at 8:10 p.m. and announced that no action was taken in executive session. Upon reconvening, Mayor ProTem called the following item on the agenda that was skipped earlier in the meeting: Page 22 of 23 Minutes of the Regular Session Meeting— August 23, 2007 Consider Proposed Ordinance authorizing the engagement of Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP, concerning possible legal proceedings and development regulations associated with barge terminal development along Cedar Bayou. Interim City Manager Leiper explained that the Proposed Ordinance authorizes the engagement of Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP, concerning possible legal proceedings and development regulations associated with barge terminal development along Cedar Bayou. This proposed ordinance authorizes Mr. Renbarger to evaluate possible options that the City may take to oppose barge terminal projects along the bayou and to recommend development regulations which may alleviate the adverse impact of such developments on neighboring residential areas. The ordinance authorizes payment to such firm in an amount not to exceed $50,000. Mayor ProTem Capetillo announced that Tom L. Kincaid had signed up to speak on this item and called Mr. Kincaid forward to speak at this time. Tom L. Kincaid, 4035 Wright Lane, Baytown, Texas (832) 556-8259: Mr. Kincaid told Council that he had attended a meeting about 8 weeks ago and learned that the City had intended to annex land along Cedar Bayou to stop the barge terminal. He wanted Council to give a status report on the progress of this annexation because he is concerned about the progress being made with the barge terminals and the fact that another terminal is on the way. He would like to see the annexation put into progress and that it be put into effect all the way to the mouth of the river. Mayor ProTem Capetillo also announced that Keith Coburn had signed up to speak on this item. Keith Coburn was not present. Council Member Mahan moved to approve the Ordinance authorizing the engagement of Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. ORDINANCE 10,694 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH FRITZ, BYRNE, HEAD & HARRISON, LLP, FOR LEGAL SERVICES CONCERNING POSSIBLE LEGAL PROCEEDINGS AND DEVELOPMENT REGULATIONS ASSOCIATED WITH BARGE TERMINAL DEVELOPMENT ALONG CEDAR BAYOU; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY Page 23 of 23 Minutes of the Regular Session Meeting— August 23, 2007 THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Recess into and conduct an executive session pursuant to Government Code, Section 551.074 to hear a complaint concerning the City Attorney’s remarks made to a city manager candidate. This item was passed and not considered by Council. MANAGER'S REPORT  Update on the Raccoon Drive reconstruction project  Hurricane Dean Wrap-up  Receive departmental presentation by the City Clerk's Office ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor Pro Tem Capetillo Nays: none The motion carried. With no additional business the meeting adjourned at 8:47 p.m. ______________________________ Lorri Coody, City Clerk