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2007 11 19 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 19, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 19, 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 Scott Sheley Council Member Brandon Capetillo Council Member Don Murray Council Member Sammy Mahan Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Member Lynn Caskey, II was absent. Council Member Lena Yepez was not present when the meeting was called to order. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. MINUTES Consider approval of the minutes for the Special Council Meeting held on November 5, 2007. Council Member Sheley moved to approve the minutes as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, and Sheley Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Mr. Ken Williamson has requested to address Council regarding West Texas Avenue. Mr. Ken Williamson addressed Council regarding the construction activity taking place on West Texas Avenue. Since the bond proposition did not pass, he requested that other streets in Baytown be repaired. Page 2 of 21 Minutes of the Special Session Meeting— November 19, 2007 PUBLIC HEARINGS Conduct the First Public Hearing on the proposed Strategic Partnership Agreement with Chambers County MUD #1. Background Information on the Chambers County MUD #1 SPA is as follows: The City of Baytown entered into a Strategic Partnership Agreement (SPA) with Chambers County MUD #1 in 2005 to provide water and wastewater services to commercial frontage adjacent to Pine Meadows, Country Meadows and Hunters Chase subdivisions as a precursor to a limited purpose annexation that allows the City to collect sales and use taxes. In these areas the City and the MUD split the sales tax revenues. The City and the MUD have been discussing expanding the SPA to encompass the remainder of the existing MUD, a portion of which is likely to develop into commercial/retail centers. The city currently has a water and wastewater services agreement for the existing residential development. The proposed SPA will expand the water and wastewater agreement to cover all areas of the existing MUD area to provide water immediately and wastewater upon completion of the Northeast Wastewater Treatment Plant (NEWWTP). Upon plant completion, the Pine Meadows Sections One and Two, and Country Meadows Section Seven wastewater will be directed to the NEWWTP allowing the MUD to discontinue the use of the package treatment plant. The MUD will pay impact fees for all water and wastewater connections added under this agreement. In exchange for providing water and wastewater services to the MUD, the City will complete a limited purpose annexation of the commercial areas and will collect and retain 100% of all municipal sales taxes. The City does not collect MDD sales taxes in Chambers County. The areas currently under an agreement for a 50/50 split will remain under the terms of the prior agreement. The public hearings on the SPA are the first steps in the limited purpose annexation process. The annexation will require its own set of public hearings. Mayor DonCarlos opened the First Public Hearing on the proposed Strategic Partnership Agreement with Chambers County MUD #1 at 6:35 p.m. With no one signing up to speak, Mayor DonCarlos closed the First Public Hearing on the proposed Strategic Partnership Agreement with Chambers County MUD #1 at 6:36 p.m. Conduct the First Public Hearing on the Limited Purpose Annexation of a portion of Chambers County MUD #1 Deputy City Manager Leiper explained that this is the first public hearing on the proposed limited purpose annexation of certain commercial areas of Chambers County MUD #1. This annexation is being completed in conjunction with a Strategic Partnership Agreement and will Page 3 of 21 Minutes of the Special Session Meeting— November 19, 2007 allow the City to collect and retain sales and use taxes, enforce sign, junk yard and sexually oriented business ordinances. The property owners do not pay ad valorem taxes and the City provides no municipal services other than water and wastewater included in the Strategic Partnership Agreement. Mayor DonCarlos opened the First Public Hearing on the Limited Purpose Annexation of a portion of Chambers County MUD #1 at 6:36 p.m. With no one signing up to speak, Mayor DonCarlos closed the First Public Hearing on the Limited Purpose Annexation of a portion of Chambers County MUD #1 at 6:36 p.m. PROPOSED ORDINANCES Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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, excluding those areas subject to an industrial district agreement with the City. Deputy City Manager Leiper explained that written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development agreements were sent along with these notices to those whom such agreements were required pursuant to LGC § 43.035. Notices of the first and second public hearings were published in the October 15, 2007 issue of the Baytown Sun, posted on the City of Baytown’s website on October 15, 2007, and held by City Council on October 25, 2007. Council Member Sheley moved to approve the Ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, and Sheley. Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,752 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 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 Page 4 of 21 Minutes of the Special Session Meeting— November 19, 2007 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 IN CHAMBERS COUNTY, TEXAS, EXCLUDING THOSE AREAS SUBJECT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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 written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Notices of the first and second public hearings were published in the October 15, 2007 issue of the Baytown Sun, posted on the City of Baytown’s website on October 15, 2007, and held by City Council on October 25, 2007. Council Member Capetillo moved to approve the Ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, and Sheley. Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,753 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 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; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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, excluding those areas already within the City limits and those areas subject to an industrial district agreement with the City. Page 5 of 21 Minutes of the Special Session Meeting— November 19, 2007 Deputy City Manager Leiper explained that written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development agreements were sent along with these notices to those whom such agreements were required pursuant to LGC § 43.035. Notices of the first and second public hearings were published in the October 15, 2007 issue of the Baytown Sun, posted on the City of Baytown’s website on October 15, 2007, and held by City Council on October 25, 2007. Council Member Murray moved to approve the Ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, and Sheley. Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,754 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 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, EXCLUDING THOSE AREAS ALREADY WITHIN THE CITY LIMITS AND THOSE AREAS SUBJECT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance authorizing an interlocal agreement with the City of Mesquite to purchase a license plate recognition system from Pixelpushers, Inc., d/b/a Civica Software. Chief Jones explained that the Proposed Ordinance authorizes an interlocal agreement with the City of Mesquite to purchase a license plate recognition system from Pixelpushers, Inc., d/b/a Civica Software. The license plate recognition system automatically records license plate numbers from vehicles coming from any direction. The system then runs the license plate number through TLETS database to check for stolen vehicles, wanted persons related to the vehicle, Amber Alerts, and any other felony-wanted vehicle. The cost for 3 PlateScan systems and 3 data storage module access licenses together with the associated installation costs is $91,102. Seized funds will be use to purchase the equipment and licenses. Page 6 of 21 Minutes of the Special Session Meeting— November 19, 2007 The agreement with the City of Mesquite establishes a cooperative purchasing program whereby the City may purchase the license plate recognition system based upon the City of Mesquite’s contract. Since the City of Mesquite’s contract was competitively bid/proposed, the City need not seek additional bids/proposals. The interlocal agreement is for a one-year period and automatically renews thereafter, unless terminated either party after giving at least 30 days written notice. Chief gave statistics and information on how the system will work in his department. He told Council about how it will work for Amber Alerts, Sex offenders, and stolen vehicles. It does not discriminate and will not be a problem for racial profiling. Council asked questions about how the cameras are placed in the cars. There was further discussion about how this software and hardware would be beneficial for the police department. There was also discussion about the MOU with Mesquite and the cost of the software. Council Member Yepez entered the meeting at 6:45 p.m. Council Member Murray moved to approve the Ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF MESQUITE TO PURCHASE A LICENSE PLATE RECOGNITION SYSTEM FROM PIXELPUSHERS, INC., D/B/A CIVICA SOFTWARE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-ONE THOUSAND ONE HUNDRED TWO AND NO/100 DOLLARS ($91,102.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance amending Chapter 18 “Buildings and Building Regulations,” Article IV “Plumbing Code” of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 18-467 “Irrigation systems” to require installers of irrigation systems to obtain a permit and to establish minimum standards and specifications for designing, installing, and operating irrigations systems. Chief Building Officer, Kevin Byal explained that the Proposed Ordinance amends Chapter 18 “Buildings and Building Regulations,” Article IV “Plumbing Code” of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 18-467 “Irrigation Page 7 of 21 Minutes of the Special Session Meeting— November 19, 2007 systems” to require installers of irrigation systems to obtain a permit and to establish minimum standards and specifications for designing, installing, and operating irrigations systems. During the last state legislative session, the Legislature passed HB-1656, which requires municipalities with a population of 20,000 or more to require an installer of irrigation systems to obtain a permit prior to installing the system within the city or its extraterritorial jurisdiction. The proposed ordinance contains such requirement and establishes minimum standards and specifications for designing, installing and operating irrigation systems. The ordinance does not apply to on-site sewage disposal systems or irrigation systems either used on or by certain agricultural operations or connected to a groundwater well used by the property owner for domestic use. Council Member Sheley moved to approve the Ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE IV “PLUMBING CODE” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18-467 “IRRIGATION SYSTEMS” TO REQUIRE INSTALLERS OF IRRIGATION SYSTEMS TO OBTAIN A PERMIT AND TO ESTABLISH MINIMUM STANDARDS AND SPECIFICATIONS FOR DESIGNING, INSTALLING, AND OPERATING IRRIGATIONS SYSTEMS; 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 authorizing Agreement for Advertising Services and Promotion of the Arts with Historic Goose Creek Association, Inc., for its Annual Christmas on Texas Avenue to be held on December 8, 2007; granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempting such event from the application of the City’s Peddlers and Solicitors Ordinance. The Proposed Ordinance authorizes an Agreement for Advertising Services and Promotion of the Arts with Historic Goose Creek Association, Inc., for its Annual Christmas on Texas Avenue to be held on December 8, 2007; grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempts such event from the application of the City’s Peddlers and Solicitors Ordinance. The City of Baytown received a request for funding from Historic Goose Creek Association, Inc. for its Annual Christmas on Texas Avenue Page 8 of 21 Minutes of the Special Session Meeting— November 19, 2007 to be held December 8, 2007, from 10:00 a.m. to 5:00 p.m., between Felton and Commerce Streets. The proposed ordinance grants such request by authorizing an agreement for funding up to $10,000 of hotel occupancy tax revenues. Additionally, the proposed ordinance grants to Historic Goose Creek Association, Inc., a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur on Texas Avenue. Additionally, the outdoor vendor ordinance requires permitting, bonding, and insurance from each merchant selling goods or services at the event. A variance from Chapter 74 of the Code of Ordinances is necessary in order to exempt such merchants from complying with such requirements. Granting the variances contained in the proposed resolution is consistent with the action Council took with respect to the 2006 Christmas on Texas Avenue. Council Member Sheley moved to approve the Ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,757 TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF THE ARTS WITH HISTORIC GOOSE CREEK ASSOCIATION, INC., FOR ITS ANNUAL CHRISTMAS ON TEXAS AVENUE TO BE HELD ON DECEMBER 8, 2007; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR HISTORIC GOOSE CREEK ASSOCIATION, INC.’S ANNUAL CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT HISTORIC GOOSE CREEK ASSOCIATION, INC.’S ANNUAL CHRISTMAS ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 21 Minutes of the Special Session Meeting— November 19, 2007 Consider Proposed Ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and EnergyCo Cedar Bayou 4, LLC. City Attorney, Ignacio Ramirez explained that the Proposed Ordinance authorizes an Industrial District Agreement (“IDA”) with NRG Cedar Bayou Development Company, LLC, (“NRG”) and EnergyCo Cedar Bayou 4, LLC, (“EnergyCo”) for a seven-year period. This is a “New Company IDA”; therefore, the companies will make a base value industrial district payment along with an added value industrial district payment. The base value industrial district payment will be calculated on the established base value of the 14.232-acres of vacant property, which value is $80,000. The added value industrial district payment will be calculated on the value of any improvements made to the property after the execution of the IDA. The first base value industrial district payment pursuant to this agreement will be for the tax year 2007, and the first added value industrial district payment pursuant to this agreement will be for the tax year 2011. Each company is responsible for all of the obligations specified in the IDA. The agreement is in conformity with the policies adopted by the City Council for companies which did not have an industrial district agreement in effect on July 26, 2003. The property subject to this proposed IDA is not within the area that the City Council is proposing to annex along Cedar Bayou. Council Member Capetillo moved to approve the Ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,758 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG CEDAR BAYOU DEVELOPMENT COMPANY, LLC, AND ENERGYCO CEDAR BAYOU 4, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos announced that item 4h would be addressed after the Executive Session which would not convene until 7:00 p.m. He also announced that there would not be enough time to address the Canvass items before the executive session, accordingly, Mayor DonCarlos called the following items out of order: 5c; 5e; and 5f Consider Proposed Resolution accepting the petition requesting annexation submitted by Michael Testa, President of Ventura Development, Inc., and General Partner of Lynchburg Crossing 28, Ltd. the owner of a 28.79 acre (1,253,950 square feet) tract of land in the Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, and being the same called 28.809 acre tract as found in deed to Robert A. Easley Jr. from L. L Gregory, Jr., recorded Page 10 of 21 Minutes of the Special Session Meeting— November 19, 2007 in Harris County Clerk's file (H.C.C.F.) No. U606092, of the Official Public Records of Real Property of Harris County, Texas. Deputy City Manager Leiper explained that this 28.79 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents; and will be used to build an apartment complex. The property is located north of Interstate 10 at the intersection of Decker Drive and east of Crosby Lynchburg Road. Council Member Capetillo moved to approve the Resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION 1896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MICHAEL TESTA, PRESIDENT OF VENTURA DEVELOPMENT, INC., AND GENERAL PARTNER OF LYNCHBURG CROSSING 28, LTD., CONCERNING THE ANNEXATION OF A 28.79 ACRE TRACT OF LAND IN THE NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, HARRIS COUNTY, TEXAS, AND BEING THE SAME CALLED 28.809 ACRE TRACT AS FOUND IN DEED TO ROBERT A. EASLEY JR. FROM L. L. GREGORY, JR., RECORDED IN HARRIS COUNTY CLERK’S FILE (H.C.C.F.) NO. U606092, OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution casting the City of Baytown's ballot for the election of one or more representative(s) to serve on the board of directors of the Chambers County Appraisal District. City Manager Brumback explained that the Proposed Resolution casts the City of Baytown's ballot for the election of one or more persons to serve on the board of directors of the Chambers County Appraisal District. Council asked staff to provide information about the candidates and to bring this item back at the next meeting. No action was taken on this item. Page 11 of 21 Minutes of the Special Session Meeting— November 19, 2007 Consider Proposed Resolution accepting the petition requesting annexation submitted by M. David Boothe the owner of a 2.966-acre (129,181 square feet) tract of land located in the George C. Davis Survey, Abstract Number 1472, City of Baytown, Harris County, Texas, said 2.966-acre tract of land being all of the called 1 acre tract described in the deed to David Hester recorded under Harris County Clerk’s File Number (H.C.C.F. No.) Z070096 and all of the called 2 acre tract described in the deed to Morris David Boothe and Betty Joe Boothe recorded under H.C.C.F. No. X871252, said 2.966 acre tract also being out of Highland Farms, a subdivision recorded under Volume 10, Page 47 of the Harris County Map Records. Mr. Brumback explained that this 2.966 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used to build a mini warehouse facility. The property is located east of the Intersection of Garth Road and being adjacent to the south Feeder Road of Interstate Highway 10. Council engaged in discussion about the location of the property, beautification, and the landscape ordinance and how it applies to property being annexed. Council Member Mahan moved to approve the Resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION 1899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF M. DAVID BOOTHE CONCERNING THE ANNEXATION OF A 2.966-ACRE TRACT OF LAND LOCATED IN THE GEORGE C. DAVIS SURVEY, ABSTRACT NUMBER 1472, CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, SAID 2.966-ACRE TRACT OF LAND BEING ALL OF THE CALLED 1-ACRE TRACT DESCRIBED IN THE DEED TO DAVID HESTER RECORDED UNDER HARRIS COUNTY CLERK’S FILE NO. Z070096 AND ALL OF THE CALLED 2-ACRE TRACT DESCRIBED IN THE DEED TO MORRIS DAVID BOOTHE AND BETTY JOE BOOTHE RECORDED UNDER. HARRIS COUNTY CLERK’S FILE NO. X871252, SAID 2.966-ACRE TRACT ALSO BEING OUT OF HIGHLAND FARMS, A SUBDIVISION RECORDED UNDER VOLUME 10, PAGE 47 OF THE HARRIS COUNTY MAP RECORDS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 21 Minutes of the Special Session Meeting— November 19, 2007 At 7:00 p.m. Mayor DonCarlos called item 8a out of order as follows: EXECUTIVE SESSION Recess into and conduct an executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s attorney about contemplated litigation concerning the proposed barge terminal development along Cedar Bayou. Mayor DonCarlos announced at 7:00 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 attorney about contemplated litigation concerning the proposed barge terminal development along Cedar Bayou. Mayor DonCarlos re-convened the meeting at 7:35 p.m. and announced that no action was taken in executive session. Item 4h was then called for the Council’s consideration as follows: Consider Proposed Ordinance authorizing the City’s attorney to take appropriate action on behalf of the City to oppose the proposed barge terminal development along Cedar Bayou. The Proposed Ordinance authorizes Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP, to take appropriate action on behalf of the City to oppose the proposed barge terminal development along Cedar Bayou. On August 23, 2007, the City Council authorized Mr. Renbarger to evaluate possible options available to the City to oppose barge terminal projects along Cedar Bayou in order to alleviate the adverse impact of such developments on neighboring residential areas and the City’s recreational facilities. This proposed ordinance authorizes Mr. Renbarger to take further action to oppose the development and authorizes payment to his firm in an amount not to exceed $100,000 for such purposes. Council Member Mahan moved to approve the Ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE LAW FIRM OF FRITZ, BYRNE, HEAD & HARRISON, LLP, TO FILE A LAWSUIT CONCERNING THE PROPOSED BARGE TERMINAL DEVELOPMENT ALONG CEDAR BAYOU; AUTHORIZING PAYMENT TO FRITZ, BYRNE, HEAD & Page 13 of 21 Minutes of the Special Session Meeting— November 19, 2007 HARRISON, LLP, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) FOR SUCH SERVICES; MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. PROPOSED RESOLUTIONS Canvass the returns of the City of Baytown’s special election held on November 6, 2007. Pursuant to Section 67.002 of the Election Code requiring the canvass of precinct returns, the City Council conducted the official canvass. The results were as follows: TOTAL ALL PROPS FOR AGAINST TOTAL TOTAL BALLOTS CAST Proposition One 2,741 778 3,519 3,635* Proposition Two 2,799 723 3,522 3,638* Proposition Three 2,203 1,309 3,512 3,632* Proposition Four 2,040 1,463 3,503 3,633* Proposition Five 1,641 1,889 3,530 3,638* Proposition Six 2,795 734 3,529 3,635* *Includes only Total Votes for Pct. 11 since Total Ballots Cast information was not available. Mayor DonCarlos completed the official canvass by stating: This concludes the canvass of the special election for the City of Baytown held on November 6, 2007 with a total of 3,638 voters. Consider Proposed Resolution declaring the results of the special election. The Proposed Resolution declares the results of the special election in accordance with the canvass. Council Member Yepez moved to approve the Resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE Page 14 of 21 Minutes of the Special Session Meeting— November 19, 2007 CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, ON THE 6TH DAY OF NOVEMBER, 2007, FOR THE PURPOSES OF VOTING FOR OR AGAINST PROPOSITION NO. 1: THE ISSUANCE OF $36,850,000 BONDS FOR STREET, SIDEWALKS AND RELATED DRAINAGE AND UTILITY IMPROVEMENTS; PROPOSITION NO. 2: THE ISSUANCE OF $22,995,000 BONDS FOR PUBLIC SAFETY, EMERGENCY MEDICAL SERVICE, POLICE AND FIRE BUILDINGS AND EQUIPMENT; PROPOSITION NO. 3: THE ISSUANCE OF $10,940,000, BONDS FOR THE PURCHASE AND IMPROVEMENT OF PARKS AND RECREATION FACILITIES, INCLUDING AQUATICS FACILITIES, AND FOR CITYWIDE BEAUTIFICATION; PROPOSITION NO. 4: THE ISSUANCE OF $7,170,000 BONDS FOR THE CONSTRUCTION OF THE EXTENSION OF EAST BAKER ROAD AND RELATED UTILITY, SIDEWALK AND DRAINAGE IMPROVEMENTS; PROPOSITION NO. 5 $2,525,000 BONDS FOR PERMANENT PUBLIC IMPROVEMENTS AND OTHER GENERAL PUBLIC PURPOSES FOR TEXAS AVENUE AND THE ADJACENT AREA; PROPOSITION NO. 6: THE ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the Baytown Redevelopment Authority, on behalf of Reinvestment Zone Number One, City of Baytown, Texas, to issue bonds. Deputy City Manager Leiper explained that the Proposed Resolution authorizes the Baytown Redevelopment Authority, on behalf of Reinvestment Zone Number One, City of Baytown, Texas, to issue bonds. The City of Baytown created the Reinvestment Zone Number One, City of Baytown Texas, (aka the TIRZ) on August 9, 2001. The participation agreement approved by City Council on November 24, 2001, contracted with the Baytown Redevelopment Authority to administer the TIRZ activities, including the issuance of bonds to reimburse developers for public improvements. The specific issuance of bonds is subject to City Council approval. The tax increment revenue in the TIRZ has reached the point where it is feasible and preferable to issue bonds to reimburse the developers a portion of their costs for construction of public infrastructure. The Redevelopment Authority Board approved the request for bond issuance up to $5,000,000 on November 6, 2007 and has retained First Southwest Company as their placement agent. The issuance of Redevelopment Authority Revenue Bonds carries no liability or obligation for the City of Baytown. Council Member Murray moved to approve the Ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Page 15 of 21 Minutes of the Special Session Meeting— November 19, 2007 RESOLUTION 1898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) FOR THE PURPOSE OF IMPLEMENTING THE PROJECT PLAN, AS AMENDED, BY THE BAYTOWN REDEVELOPMENT AUTHORITY ON BEHALF OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS; AND MAKING CERTAIN FINDINGS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CONSENT Council Member Sheley moved to approve the Consent agenda items 6a through 6h. Council Member Mahan seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance renewing the contract with United Healthcare for Third Party Administration (TPA) Services and Stop Loss Coverage and authorizes payment for these services. ORDINANCE NO. 10,760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN THE AMOUNT OF FOUR HUNDRED TWO THOUSAND AND NO/100 DOLLARS ($402,000.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF FOUR HUNDRED NINETY-THREE THOUSAND AND NO/100 DOLLARS ($493,000.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the second renewal of the annual gasoline and diesel fuel contract. ORDINANCE NO. 10,761 Page 16 of 21 Minutes of the Special Session Meeting— November 19, 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF OIL PRODUCTS DISTRIBUTION, LTD., FOR THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO MILLION THIRTY-NINE THOUSAND FOUR HUNDRED THIRTEEN AND 58/100 DOLLARS ($2,039,413.58); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding the annual ammunition contract. ORDINANCE NO. 10,762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BLACK HILLS AMMUNITION, INC., FOR ITEM NO. 1 OF THE ANNUAL AMMUNITION CONTRACT; ACCEPTING THE BID OF BAILEY’S HOUSE OF GUNS, INC., FOR ITEM NOS. 2, 3, 4, 5, 7, 8, 9, 10, AND 12 OF THE ANNUAL AMMUNITION CONTRACT; AND ACCEPTING THE BID OF GT DISTRIBUTORS, INC., FOR ITEM NO. 6 OF THE ANNUAL AMMUNITION CONTRACT; AND ACCEPTING THE BID OF PRECISION DELTA CORPORATION FOR ITEM NOS. 11, 13, AND 14; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FIFTY-NINE THOUSAND SIX HUNDRED SIXTY-SEVEN AND 93/100 DOLLARS ($59,667.93); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance granting pipeline permits to Enterprise Products Texas Operating, LLC, for two new 6-inch pipelines in an existing pipeline corridor from the south line of Teppco Baytown Storage Facility to the Occidental pipeline corridor. ORDINANCE NO. 10,763 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING PIPELINE PERMITS TO ENTERPRISE PRODUCTS TEXAS OPERATING, LLC, FOR TWO NEW 6-INCH PIPELINES IN AN EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing payment to the Texas Commission on Environmental Quality for the Annual Consolidated Water Quality Fees for the City's four Wastewater Treatment Plants, including the new inactive Northeast Plant. Page 17 of 21 Minutes of the Special Session Meeting— November 19, 2007 ORDINANCE NO. 10,764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF NINETY-FOUR THOUSAND FOUR HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($94,475.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR WASTEWATER TREATMENT PLANTS, INCLUDING THE NEW INACTIVE NORTHEAST PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution authorizing the City Manager to submit renewal application for the FY 2008 Emergency Management Performance Grant. RESOLUTION NO. 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF NINETY-FOUR THOUSAND FOUR HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($94,475.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR WASTEWATER TREATMENT PLANTS, INCLUDING THE NEW INACTIVE NORTHEAST PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Approve corrected minutes from the Special Council Meeting held November 20, 2006. This item is approved by Minute Order as follows: The minutes from the Special Council meeting held November 20, 2006 were approved by Council at the December 14, 2006 Regular Council meeting. Since the approval, it has been found that certain information was omitted from these minutes as indicated by the attached updated pages. While the ordinance in the following item on this agenda captures the data in question, it is customary to capture this information in the minutes as well. Consider Proposed Ordinance establishing a "school zone" on Seabird Street for the Victoria Walker Elementary School. ORDINANCE NO. 10,765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A SCHOOL SPEED ZONE FOR VICTORIA WALKER ELEMENTARY SCHOOL ALONG SEABIRD STREET, ESTABLISHING A MAXIMUM PRIMA FACIE SPEED LIMIT OF 20 MILES PER HOUR FOR MOTOR VEHICLES IN THE VICTORIA WALKER ELEMENTARY SCHOOL ZONE, AND PROVIDING FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS Page 18 of 21 Minutes of the Special Session Meeting— November 19, 2007 ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointments to the Emergency Medical Service Committee (4). Roger Lay desires re-appointment for the term to begin on December 11, 2007 and end on December 11, 2009. Randy Kimmey desires re-appointment for the term to begin on December 11, 2007 and end on December 11, 2009. Chris Navarre desires re-appointment for the term to begin on December 11, 2007 and end on December 11, 2009. Randall B. Strong desires re-appointment for the term to begin on December 11, 2007 and end on December 11, 2009. Council Member Murray moved that the four members desiring re-appointment be reappointed to serve on the Emergency Medical Committee and that their term begin on December 11, 2007 and end on December 11, 2009. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Planning and Zoning Commission (5). Rolando Valdez, a District 1 appointment, desires re-appointment for the term to begin on December 31, 2007 and end on December 31, 2009. Barry Bobbitt, a District 3 appointment, desires re-appointment for the term to begin on December 31, 2007 and end on December 31, 2009. Gilbert Chambers, a District 5 appointment, desires re-appointment for the term to begin on December 31, 2007 and end on December 31, 2009. Daniel Williams, the Mayor’s appointment, desires re-appointment for the term to begin on December 31, 2007 and end on December 31, 2009. Page 19 of 21 Minutes of the Special Session Meeting— November 19, 2007 Jim Hutchison, the City Manager’s (ETJ) appointment, desires re-appointment for the term to begin on December 31, 2007 and end on December 31, 2009. Council Member Murray moved that the three members desiring re-appointment be reappointed to serve on the Planning and Zoning Commission and that their term begin on December 31, 2007 and end on December 31, 2009 and that the Mayor’s re-appointment and the City Manager’s re-appointment be confirmed and that these appointees terms run from December 31, 2007 thru December 31, 2009. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider and confirm additional appointments to the Youth Advisory Commission. Council Member Capetillo moved to approve and confirm the appointments of Ashley Alexander, Patricia Burton, Kristie Kenny and Joshua Meza to the Youth Advisory Commission. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Baytown Industrial Development Corporation Board (3). Council Member Brandon Capetillo desires re-appointment for the term to begin on December 14, 2007 and end on December 14, 2009. Council Member Lena Yepez desires re-appointment for the term to begin on December 14, 2007 and end on December 14, 2009. Tommie Jones desires re-appointment for the term to begin on December 14, 2007 and end on December 14, 2009. Council Member Sheley moved that the three members desiring re-appointment be reappointed to serve on the Baytown Industrial Development Corporation Board and that their term begin on December 14, 2007 and end on December 14, 2009. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Capetillo, Sheley and Yepez Page 20 of 21 Minutes of the Special Session Meeting— November 19, 2007 Mayor DonCarlos Nays: None The motion carried. MANAGER'S REPORT Scott Johnson, Director of Parks and Recreation, explained that the 2007 Annual Christmas Parade is scheduled for Friday, December 7th starting at 6:30. The annual event will begin on Market Street in front of Bicentennial Park and will travel down Texas Avenue to Commerce Street. The event has traditionally been held on the first Thursday of December, but the “new date” will kick off the holiday celebrations followed by the “Christmas on Texas Avenue” event on Saturday. Santa Claus is Coming to Town! Show your holiday spirit and join us for the 2007 Baytown Christmas Parade, hosted by the Baytown Parks and Recreation Department on Friday, December 7th. Over 250 parade entries are anticipated for this year’s parade. Spectators will enjoy watching lighted floats, decorated vehicles, marching groups, school bands, and Santa Claus parade down Texas Avenue to kick off the holiday season! The “new date” will kick off the holiday celebrations followed by the “Christmas on Texas Avenue” event on Saturday. Update on City of Baytown's participation in Texas Recycles Day, 11/10/07, held at the Lowe's Parking lot from 9:00 am - 3:00 pm. Mike Lester, Director of Health gave an update on the City of Baytown's participation in Texas Recycles Day, 11/10/07, held at the Lowe's Parking lot from 9:00 am - 3:00 pm. Receive the Departmental Report from the Sterling Municipal Library. Kathryn Brown, Director of the Library, gave a presentation about the Sterling Municipal Library. Mr. Brumback recognized Chief Jones and the Baytown Police Department for the accreditation received on November 17, 2007 by the Commission on Accreditation for Law Enforcement Agencies, Inc. Mr. Brumback stated that a formal recognition is to come. ADJOURN Council Member Capetillo moved to adjourn the meeting. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, and Sheley Page 21 of 21 Minutes of the Special Session Meeting— November 19, 2007 Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:25 p.m. ______________________________ Lorri Coody, City Clerk