Loading...
2007 09 13 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 13, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 13, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez Council Member Brandon Capetillo Council Member Scott Sheley Council Member Sammy Mahan Council Member Don Murray Council Member Stephen H. DonCarlos Mayor Garrison Brumback City Manager Robert D. Leiper Deputy City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk Council Member Lynn Caskey, II was not present at this meeting. 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 Regular Session Meeting held on August 23, 2007 and the Work Session Meetings held on August 1, 2007 and August 2, 2007. Council Member Mahan moved to approve the minutes as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray Mayor DonCarlos as to the August 1 and August 2, 2007 minutes Nays: None Abstain: Mayor DonCarlos only as to the August 23, 2007 minutes The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Recognition of newly sworn Baytown Police Officers graduating from the Baytown Police Academy August 31, 2007. Page 2 of 22 Minutes of the Regular Session Meeting— September 13, 2007 City Manager Brumback recognized the newly sworn Baytown Police Officers graduating from the Baytown Police Academy August 31, 2007. The three new officers were sworn in on Friday, September 7, 2007. The officers are: 1.) Officer Michael Coppock 2.) Officer Derek Peterson 3.) Officer Brad Batson The Government Finance Officers Association of the United States and Canada (GFOA) has announced that the City of Baytown, Texas has received the Certificate of Achievement for Excellence in Financial Reporting for its comprehensive annual financial report (CAFR). Ms. Rhonda Young, Director of Finance, explained that this award represents a significant achievement by the City of Baytown. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental accounting and reporting. When a Certificate of Achievement for Excellence in Financial Reporting is granted to an entity, an award of Financial Reporting Achievement is also presented to the individual or department designated as being primarily responsible for having achieved the Certificate. Rhonda L. Young, Director of Finance and the Finance Department Staff have taken on this responsibility for our City. The City of Baytown has received this prestigious award for 15 consecutive years. Ramesh Persaud has requested to address Council regarding the waiver of fees for the use of Bicentennial Park on September 22. Mr. Persaud requested that his item be withdrawn. Ms. Kathy Hunt has requested to speak to Council in regards to the sidewalks and ramps on Garth Road between Park Street and Decker and their lack of access for the disabled and handicapped. Ms. Hunt requested that her item be withdrawn. BUSINESS ITEMS PROPOSED ORDINANCES 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 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. Page 3 of 22 Minutes of the Regular Session Meeting— September 13, 2007 Deputy City Manager 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 1.0941 acre tract of land situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain called 126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth-Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk's File No. D806833 of the Deed Records of Harris County, Texas. This 1.0941 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents. The 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 Mahan, Murray, Yepez, Sheley and Capetillo 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 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 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 in Council District 4. Page 4 of 22 Minutes of the Regular Session Meeting— September 13, 2007 The Proposed Ordinance placing the property annexed into the City of Baytown in the previous agenda item 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 in Council District 4. Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, 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 setting the time, date and place of the public hearings on the annexation of portions of Cedar Bayou Stream and the 500-foot strip of land commencing at the easterly right-of-way of State Highway 146 North and the mean high tide line of the east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou Stream to a point of intersection with the mean high tide line of the east bank of Cedar Bayou Stream and Highway 99. Deputy City Manager Leiper explained that the Proposed Ordinance sets the time, date and place of the public hearings on the annexation of portions of Cedar Bayou Stream and the 500-foot strip of land commencing at the easterly right-of-way of State Highway 146 North and the mean high tide line of the east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou Stream to a point of intersection with the mean high tide line of the east bank of Cedar Bayou Stream and Highway 99. This annexation is being initiated by the City. The 500- foot tract is being annexed in order for the City to have some control over the development along Cedar Bayou. At its last council meeting, the City Council engaged Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP, not only to evaluate possible options that the City may take to oppose barge terminal projects along the bayou but also to recommend development regulations Page 5 of 22 Minutes of the Regular Session Meeting— September 13, 2007 which may alleviate the adverse impact of such developments on neighboring residential areas. Any such regulations recommended may be applied to the areas within this contemplated annexation. Pursuant to the annexation statutes, the City must hold two public hearings on the proposed annexation; however, prior to doing so, the City must send the requisite notices to the landowners, the school district, Union Pacific, if applicable, as well as to any public entity providing service to the area. The proposed ordinance sets the public hearings in the City Council Chamber at its regularly scheduled City Council meeting to be held on October 25, 2007. Council engaged in discussion about the agricultural exemptions of the annexations and the meaning of these exemptions. City Attorney Ramirez explained how the tax exemptions work with these exemptions. He explained that it is very much like the Industrial Development Agreements. There was also discussion about annexation south of the bridge. City Manager Brumback explained the reasoning. Council suggested that the south part of Cedar Bayou be looked at for annexation. City Manager Brumback called attention to an error in the Ordinance presented in the packet and the Ordinance presented at each place is correct. Council Member Mahan moved to approve the Ordinance as submitted as corrected. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF PORTIONS OF CEDAR BAYOU STREAM AND THE 500-FOOT STRIP OF LAND COMMENCING AT THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 146 NORTH AND THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM, THEN MEANDERING WITH THE EAST BANK OF CEDAR BAYOU STREAM TO A POINT OF INTERSECTION WITH THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM AND HIGHWAY 99; PROVIDING FOR THE REQUISITE NOTICES AND PUBLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance setting the time, date and place of the public hearings on the annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of- way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner Page 6 of 22 Minutes of the Regular Session Meeting— September 13, 2007 of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road. Deputy Manager Leiper explained that the Proposed Ordinance sets the time, date and place of the public hearings on the annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of I-10 and Sjolander Road. While there has been no petition received for the annexation of this property, the City has contacted the Texas Department of Transportation as well as the owner of the 1.16-acre tract. Neither opposes the contemplated annexation. Pursuant to the annexation statutes, the City must hold two public hearings on the proposed annexation; however, prior to doing so, the City must send the requisite notices to the property owners, the school district, Union Pacific, if applicable, as well as to any public entity providing service to the area. The proposed ordinance sets the public hearings in the City Council Chamber at its regularly scheduled City Council meeting to be held on October 25, 2007. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF THE I-10 CORRIDOR FROM 1,000 FEET WEST OF SPRING GULLY TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, THE ANNEXATION OF A 1.16-ACRE TRACT AT THE NORTHWEST CORNER OF I-10 AND N. MAIN STREET, AND THE ANNEXATION OF A 1-ACRE TRACT AT THE NORTHWEST CORNER OF I-10 AND SJOLANDER ROAD; PROVIDING FOR THE REQUISITE NOTICES AND PUBLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance setting the time, date and place of the public hearings on the annexation of the 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris County, Texas. Deputy City Manager Leiper explained that the Proposed Ordinance sets the time, date and place of the public hearings on the annexation of the 1,000-foot strip of land adjacent to the east right- of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris County, Texas. Attempts to contact the property owners regarding a petition for annexation were unsuccessful so this annexation is being initiated by the City. The property is Page 7 of 22 Minutes of the Regular Session Meeting— September 13, 2007 now uninhabited. The 1,000-foot tract is one of several annexations which will be necessary in order for the City to annex the new Goose Creek Memorial High School, which will enable the school to receive City services, including fire, police, EMS, and utilities. Pursuant to the annexation statutes, the City must hold two public hearings on the proposed annexation; however, prior to doing so, the City must send the requisite notices to the landowners, the school district, Union Pacific, if applicable, as well as to any public entity providing service to the area. The proposed ordinance sets the public hearings in the City Council Chamber at its regularly scheduled City Council meeting to be held on October 25, 2007. Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF THE 1,000- FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-OF-WAY OF N. MAIN STREET OUT OF TRACTS 3K, 3J, 3A, 3H AND 8E, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS; PROVIDING FOR THE REQUISITE NOTICES AND PUBLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing Development Agreements for the Construction of a Traffic Light on Garth Road and Independence Blvd. City Manager Brumback explained that the Proposed Ordinance authorizes two development agreements for the Construction of a Traffic Light on Garth Road and Independence Blvd. Background information on the agreements is as follows: The first such agreement is with (i) Reinvestment Zone Number One, City of Baytown, Texas (the TIRZ), (ii) the Baytown Redevelopment Authority (the Redevelopment Authority), and (iii) Baytown Plaza Two, L.P. (the Developer) for 50% of the funding of the design and installation of a traffic signal. The second such agreement is much like the first and is with the TIRZ and the Redevelopment Authority for the remaining 50% of the funding. The agreements are necessary in order for the parties to proceed with the signalization project prior to the time that the Redevelopment Authority can issue its bonds or incur other obligations to pay the costs of the project. The Baytown Municipal Development District (the MDD) funded a traffic study for the intersection of Garth Road and Independence Blvd., which study concluded that a traffic signal Page 8 of 22 Minutes of the Regular Session Meeting— September 13, 2007 was warranted. The Developer of the Kohl's property has executed the first Development Agreement to fund 50% ($150,000) of the design and construction cost with reimbursement from the TIRZ. Since the Mall has been unwilling to fund the remaining 50% of the cost, in June the MDD, through an interlocal agreement with the City, agreed to fund the remaining 50%, also as a TIRZ reimbursable. In the first development agreement, the City agrees to employ the professionals and contractors, as independent contractors, to perform the work to complete the project. In the second development agreement the City not only agrees to cause the work to be performed but also agrees, through the funding provided by the MDD, to pay 50% of the design and construction costs, with reimbursement from the TIRZ. The City will refund the MDD its portion of the costs once the City receives reimbursement from the TIRZ. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO DEVELOPMENT AGREEMENTS FOR THE CONSTRUCTION OF A TRAFFIC LIGHT ON GARTH ROAD AND INDEPENDENCE BLVD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the installation of streetlights. The Proposed Ordinance approves the installation of street lights. CenterPoint Energy issued 123 streetlight allowances to the City of Baytown for no-cost installations in calendar year 2007. The City is required to pay the operating costs after installation. The City has used four of its allowance for this year. The Planning & Zoning Commission (P&Z), at its August 15, 2007 meeting recommended that City Council consider the installation of thirty eight (38) additional streetlights at the following locations: 4011 Savell Drive 4819 Black Stone Street 4727 Black Stone Street 4827 Black Rock Street 321 E Murrill Street 214 E Murrill Street 5 Schilling Ave 101 Schilling Ave 104 Schilling Ave 304 Schilling Ave 510 Schilling Ave 519 Schilling Ave 610 Schilling Ave 711 Schilling Ave 7 Gresham Ave 113 Gresham Ave 208 Gresham Ave 310 Gresham Ave 512 Gresham Ave 610 Gresham Ave 713 Gresham Ave Page 9 of 22 Minutes of the Regular Session Meeting— September 13, 2007 7 Morrell Ave 110 Morrell Ave 210 Morrell Ave 309 Morrell Ave 508 Morrell Ave 520 Morrell Ave 611 Morrell Ave 622 Morrell Ave 7 Park Street 120 Park Street 206 Park Street 308 Park Street 508 Park Street 515 Park Street 612 Park Street 3811 North Main Street (north of the driveway) 260 feet on north side of E Cedar Bayou Lynchburg Rd from North Main Council Member Murray moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,700 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 adopting the 2007-08 City of Baytown Budget totaling $100,161,362. Rhonda Young, Director of Finance, explained that the Proposed Ordinance adopts the 2007-08 City of Baytown Budget totaling $100,161,362. The City of Baytown Charter, Article V., The Budget, Section 45, states the budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. In Section 46, it states the budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the council take no final action on or prior to such day, the budget as submitted by the city manager, shall be deemed to have been finally adopted by the council. The 2007-08 City of Baytown fund amounts adopted by this ordinance explained by Ms. Young with technical adjustments are as follows: Page 10 of 22 Minutes of the Regular Session Meeting— September 13, 2007 General Fund $ 54,586,672 General Debt Service Fund 8,400,462 Hotel/Motel Fund 1,051,729 Water and Sewer Fund 29,354,711 Sanitation Fund 4,068,839 Storm Water Utility Fund 624,038 Garage Fund 1,825,232 Warehouse Operations Fund 249,679 Total $100,161,362 Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance ratifying the property tax increase reflected in the budget. Rhonda Young, Director of Finance, explained that the Proposed Ordinance ratifies the property tax increase (as defined by State law) reflected in the budget. This budget will raise more total property tax revenues than last year’s budget by $ 1,345,645 or 8.77%. During this past state legislative session, the Legislature enacted HB-3195, which requires the City Council in a vote separate from the adoption of a budget to ratify "the property tax increase" reflected in the budget. With respect to the City's budget, the "property tax increase" is really an increase in property tax revenues which is a result of increased property values and new improvements due to annexation as well as new development. Because the state statute addresses this increase in revenues as a "property tax increase," the proposed ordinance has been drafted accordingly. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Page 11 of 22 Minutes of the Regular Session Meeting— September 13, 2007 Nays: None The motion carried. ORDINANCE NO. 10,702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET ADOPTED BY THE CITY COUNCIL FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ITEMS 3.b.1 THROUGH 3.b.6. ARE RELATED TO THE 2007-2008 BUDGET AND CAN BE CONSIDERED AS ONE ITEM, IF COUNCIL WISHES Mayor DonCarlos suggested that items 3.b.1 through 3.b.6. be considered together since these items are related to the 2007-2008 Budget and have been discussed extensively by Council in the budget work sessions. Consider Proposed Ordinance approving the 2007-08 Baytown Area Water Authority ORDINANCE NO. 10,703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending the Code of Ordinances, Chapter 98, Utilities, Section Nos. 98-59 and 98-91 to increase water and sewer rates. ORDINANCE NO. 10,704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98- 59 "RATES," SUBSECTION (A)(l) "RATE TABLE"; SECTION 98-59 "RATES," SUBSECTION (G) "VOLUME USERS"; ARTICLE IV "SEWER SERVICE," SECTION 98-91 "SEWER SERVICE CHARGE," SUBSECTION (A) "RATE SCHEDULE"; SECTION 98-91 "SEWER SERVICE CHARGE," SUBSECTION (F) "VOLUME USERS" AND SECTION 98- 92 "CHARGE FOR USERS WITHOUT WATER OR OUTSIDE CITY," SUBSECTION (B) "USERS OUTSIDE CITY LIMITS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE UTILITY FEES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 12 of 22 Minutes of the Regular Session Meeting— September 13, 2007 Consider Proposed Ordinance authorizing a consulting/brokerage agreement with Holmes, Murphy & Associates, Inc., for fiscal year 2007-08. ORDINANCE NO. 10,705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING/BROKERAGE AGREEMENT WITH HOLMES, MURPHY & ASSOCIATES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance renewing the annual contract to United Behavioral Health to provide Employee Assistance Program Services, and authorizes payment for said services. ORDINANCE NO. 10,706 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-ONE AND 20/100 DOLLARS ($25,171.20); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing San Jacinto Medical Group for City Physician Services. ORDINANCE NO. 10,707 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CITY PHYSICIAN SERVICES WITH SAN JACINTO MEDICAL GROUP; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS ($109,660.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Ordinance No. 9227, passed by Council on September 13, 2001 to increase junk drop off fees. ORDINANCE NO. 10,708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 9227, PASSED BY THE CITY COUNCIL ON SEPTEMBER 13, 2001, TO INCREASE JUNK DROP OFF FEES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 13 of 22 Minutes of the Regular Session Meeting— September 13, 2007 Council Member Sheley moved to approved agenda items 3.b.1 through 3.b.6 as submitted. Council Member Capetillo seconded the motion. Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. PROPOSED RESOULUTIONS Consider Proposed Resolution approving the Charter of the Citizens Bond Advisory Committee for the projects included in the November 2007 Bond Election. The Proposed Resolution approves the Charter of the Citizens Bond Advisory Committee for the projects included in the November 2007 Bond Election. The Bond Steering Committee, as part of their report and recommendation for the November Bond Election, recommended the creation of a Citizens Bond Steering Committee to assist with the implementation of the bond projects. The purpose of the Citizens Bond Advisory Committee for the 2007 Bond Program is to maintain routine involvement with elected officials and City personnel by: Examining compliance to scope, cost, schedule, and quality of materials and work; Reviewing and endorsing to the City Council any significant changes proposed to the various projects within the 2007 Bond Program; and Studying and recommending communications updates to the community. Council Member Sheley moved to approve the Resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITIZENS BOND ADVISORY COMMITTEE; APPROVING THE CHARTER OF SUCH COMMITTEE FOR THE PROJECTS INCLUDED IN THE Page 14 of 22 Minutes of the Regular Session Meeting— September 13, 2007 NOVEMBER 2007 BOND ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution appointing authorized representatives to execute supply agreements with retail electric providers. Andrea Deaton, Assistant Director of Finance, explained that the Proposed Resolution designates the City Manager; the Deputy City Manager; or the Assistant City Manager of the City of Baytown as authorized representatives with full power and authority to execute supply agreements with retail electric providers as needed. Because electric rates fluctuate daily and quotes from retail electric providers are good for a single day, authorized representatives are needed in order to execute favorable electric agreements on short notice. Council Member Mahan moved to approve the Resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE SUPPLY AGREEMENTS WITH RETAIL ELECTRIC PROVIDERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution accepting the petition requesting annexation submitted by Ronny Guerrero the authorized signator of XT Baytown 565, LP, the owner of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. Deputy Manager Leiper explained that the Proposed Resolution accepts the petition requesting annexation submitted by Ronny Guerrero the authorized signator of XT Baytown 565, LP, the owner of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas; together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell Page 15 of 22 Minutes of the Regular Session Meeting— September 13, 2007 to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas. This 52.7885 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used as follows: Warehouse Development Residential Development Reserve for Detention The property surrounds the Devinwood Subdivision located in the Northeast section of Baytown off of SH-146. Council Member Mahan moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF XT BAYTOWN 565, LP, CONCERNING THE ANNEXATION OF A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS AND BEING ALL OF TRACT 1 (CALLED 50.4509 ACRES) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004 AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH ALL OF THAT CERTAIN CALLED 2.33 ACRE TRACT OF LAND CONVEYED BY DELMAR WAYNE BRAZELL TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004 AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution waiving deposit and rental fees for the Bay Area Council on Drugs & Alcohol, Inc.'s Steps to Recovery Walk on September 22, 2007, at Bicentennial Park benefiting the Texas Child & Family Institute. This Resolution no longer necessary since Mr. Persaud requested that his item be withdrawn. Consider Proposed Resolution expressing intent to finance expenditures to be incurred for the design and construction of a traffic signal at Garth Road and Independence Blvd. Page 16 of 22 Minutes of the Regular Session Meeting— September 13, 2007 City Attorney Ramirez explained that the Proposed Resolution expresses the City’s intent to finance expenditures to be incurred for the design and construction of a traffic signal at Garth Road and Independence Blvd (the “Project”). While the City may issue obligations to finance its activities, the interest on which is excludable from gross income for federal income tax purposes, the City has concluded that it cannot currently issue tax-exempt obligations to finance the costs associated with the signalization project. The City desires to reimburse itself for the cost of the project that it is about to pay from the proceeds of obligations to be issued subsequent to the payment of the costs of the Project. This resolution is needed because under IRS rules, an issuer like the City cannot sell tax exempt bonds to reimburse itself from bond proceeds for funds spent on projects from other sources unless at the time it makes the expenditure it expresses its intent to reimburse from a proposed bond issue. The purpose of this rule is to deter issuers from issuing bonds just to get more working capital by thinking up financing projects after the fact. The resolution will allow the TIRZ to later sell bonds to reimburse the City for advancing funds for a TIRZ project. Council Member Mahan moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Resolution authorizing the Mayor to make application for two $1 million dollar loans through the State Infrastructure Bank for the funding a portion of the flyover from Spur 330 to State Highway 146 South. City Manager Brumback explained that the Proposed Resolution authorizes the Mayor to make application for two $1 million dollar loans through the State Infrastructure Bank for funding a portion of the flyover from Spur 330 to State Highway 146 South and expresses intent to finance expenditures to be incurred. At the next regularly scheduled Council meeting, the City Staff will bring an advanced funding agreement with the State for the construction of the direct connectors and braided ramp from Spur 330 to State Highway 146 South. Pursuant to the agreement, the City will participate in the project by contributing a fixed sum of $2,000,000 to be used as a contribution toward construction. This participation is to supplement state funds and to facilitate the implementation of the project. Two, $1 million State Infrastructure Bank (SIB) loans will fund the City's participation. The first loan will be repaid by the City with MDD funds in annual payments Page 17 of 22 Minutes of the Regular Session Meeting— September 13, 2007 included in the 2007-2008 adopted budget. The second loan will be repaid by the City after the General Obligation Bond election in November. In the event the proposition fails on this item, alternative loan funding is available in the General Fund CIPF. The proposed resolution allows the Mayor to make application for these two loans. Council Member Murray moved to approve the Resolution as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO MAKE APPLICATION TO THE STATE FOR TWO LOANS IN THE AMOUNT OF ONE MILLION AND NO/100 DOLLARS EACH THROUGH THE STATE INFRASTRUCTURE BANK FOR FUNDING A PORTION OF THE FLYOVER FROM SPUR 330 TO STATE HIGHWAY 146 SOUTH; AUTHORIZING THE MAYOR TO TAKE FURTHER ACTION TO SECURE THE LOANS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CONSENT Council Member Sheley moved to approve the Consent agenda items 4a through 4j. Council Member Capetillo seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance awarding the first renewal of the annual thermo pavement markings contract. ORDINANCE NO. 10,709 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH HIGHWAY TECHNOLOGIES, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($179,745.00); MAKING OTHER Page 18 of 22 Minutes of the Regular Session Meeting— September 13, 2007 PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual installation and repair of traffic signal equipment contract. ORDINANCE NO. 10,710 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing expenditures for the residential solid waste collection and disposal services contract. ORDINANCE NO. 10,711 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING EXPENDITURES FOR THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT TO WASTE MANAGEMENT OF TEXAS IN THE AMOUNT OF TWO MILLION ONE HUNDRED EIGHTY-THREE THOUSAND NINE HUNDRED THIRTY-TWO AND 80/100 DOLLARS ($2,183,932.80); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the first renewal of the annual sludge disposal contract. ORDINANCE NO. 10,712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS ($290,160.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing a professional services agreement for the Houston High Intensity Drug Trafficking Area Program with Stanley E. Furce, Individually and d/b/a Research International. Page 19 of 22 Minutes of the Regular Session Meeting— September 13, 2007 ORDINANCE NO. 10,713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE, INDIVIDUALLY AND D/B/A RESEARCH INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving an interlocal agreement with the City of Humble for a short-term employee shelter in the event of a catastrophic event to house the City's essential employees. ORDINANCE NO. 10,714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF HUMBLE FOR SHORT-TERM SHELTER OF ESSENTIAL EMPLOYEES DURING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution requesting the sheriff or constable to sell the property located at 223 W. Main Street, Baytown, Harris County, Texas, at a public sale. RESOLUTION NO. 1882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 223 W. MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving an interlocal agreement with the Baytown Municipal Development District for funding of up to $300,000 for the Unidad Park Skate Park Project from the 2007-2008 MDD budget. ORDINANCE NO. 10,715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNCIPAL DEVELOPMENT DISTRICT FOR FUNDING OF UNIDAD PARK SKATE PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 20 of 22 Minutes of the Regular Session Meeting— September 13, 2007 Consider Proposed Ordinance approving an interlocal agreement with the Baytown Municipal Development District for funding for the purchase of approximately 50 acres of land for municipal purposes. ORDINANCE NO. 10,716 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING FOR THE PURCHASE OF APPROXIMATELY 50 ACRES OF LAND FOR MUNICIPAL PURPOSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving the final payment of $13,422.00 to Automated Logic United Environmental Services, and accepts the HVAC System Project. ORDINANCE NO. 10,717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CITY HALL/MUSEUM ANNEX AC PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTEEN THOUSAND FOUR HUNDRED TWENTY-TWO AND NO/100 DOLLARS ($13,422.00) TO AUTOMATED LOGIC UNITED EVIRONMENTAL SERVICES FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointment to the Parks and Recreation Board (1). This item was not ready. Consider appointment to the Planning and Zoning Commission (1). This item was not ready. Consider vacancy on the Harris County Appraisal District Board. This item was not ready. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated herein below, if any. In the event the Council elects to go Page 21 of 22 Minutes of the Regular Session Meeting— September 13, 2007 into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Complaint Concerning Employee 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. Mayor DonCarlos announced at 7:15 p.m. that Council would 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. Mayor DonCarlos re-convened the meeting at 7:45 p.m. and announced that no action was taken in executive session. MANAGER'S REPORT Grito Fest The Grito Fest is scheduled for September 15th at Bicentennial Park, featuring Tejano music star Shelly Lares and this year's headliner "La Mafia". Scott Johnson, Director of Parks and Recreation gave an overview of the activities for the Fest. Receive update on Northwood Apartments. City Manager Brumback gave an update on the Northwood Apartments. He explained to Council about the impact made at the apartments. If compliance is not made on the apartments that have been tagged, these buildings will be taken down. Police, Fire, Legal and many others from City Staff have been involved in this effort. Mr. Brumback reported that the Cedar Bayou meeting went well. City staff is working with Mr. Renbarger and as soon as more information is available a report will be given to Council. Mr. Brumback reported that while Hurricane Humberto missed the City of Baytown, City was prepared should it have become an issue. ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo Mayor DonCarlos Nays: None Page 22 of 22 Minutes of the Regular Session Meeting— September 13, 2007 The motion carried. With no additional business the meeting adjourned at 7:50 p.m. ______________________________ Lorri Coody, City Clerk