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2008 01 10 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2008 The City Council of the City of Baytown, Texas, met in regular session on January 10, 2008 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 Don Murray Council Member Lynn A. Caskey, II 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 Kelvin Knauf Interim City Clerk Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Members Scott Sheley was absent. MINUTES Consider approval of the minutes for the Work Session Meeting and the Regular Council Meeting held on December 13, 2007. Council Member Murray moved to approve the minutes as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Presentation of Chuck Russell’s and Athletics Group Mayor DonCarlos introduced Coach Chuck Russell and his group of athletes, which competed in the 2007 Special Olympics held in Shanghai, China. The athletes Hines, Cantu, Salas and Mart th all placed well and received medals, while as a tram, they placed 4 place in their soccer division. Page 2 of 27 Minutes of the Regular Meeting— January 10, 2008 The Council all applauded them for their efforts, success and hard work. Coach Stacy Saxon was also thanked for her volunteer efforts, but was not able to attend the evening’s meeting. Presentation of Police Department's Accreditation Award. Mayor DonCarlos called on Chief Byron Jones to introduce the City of Baytown Police CALEA Accreditation team, which consisted of Lt. Johnnie Erickson, Officers Tobias, McGill and Anderson. The Chief made special notice of Lt. Erickson who was given a Commendation Medal for his efforts in serving as project manager, but applauded all the officers for their many hours of volunteer work in the CALEA Accreditation program. Chief Byron Jones presented the Mayor and Council with a certificate of accreditation for the Baytown Police Department from the Commission on Law Enforcement Agencies (CALEA). The Police Department received this accreditation on November 17, 2007 at the CALEA conference for a period of three years. Mayor congratulated officers present for their efforts and dedication to making the Baytown Police a better institution. Introduction of New Police Officer Gabriel Ortiz This item was deferred until Officer Ortiz arrived as he was currently out on a call. City Manager Brumback introduced Lt. Kelly Anderson and commended her for her recent graduation from the FBI National Academy. Lt. Anderson became a Baytown Officer 1986 and was the first female K9 officer. She has also been the recipient of the Public Safety Award. Mayor DonCarlos congratulated Lt. Anderson for her achievements and extended his appreciation for her service to the City of Baytown. Introduction of New Bailiff City Manager Brumback introduced Deputy/Bailiff Sheila McWilliams. Deputy McWilliams graduated from The University of Houston Downtown Police Academy in September 2001. She began her career in law enforcement as a reserve Police Officer with the Hempstead Police Department. She later joined the Rosenberg Police Department where for 6 years she served in various capacities, such as Field Training Officer and Mental Health Officer. Sheila holds an Intermediate Peace Officers license and is the new Bailiff for the Baytown Municipal Court. Employee Recognition for Years of Service City Manager Brumback recognized employees for their dedicated years of service to the City (5, 10, 15, 20, 25, and 30+ years) The following employees were verbally recognized for their years of service to the City of Baytown. Page 3 of 27 Minutes of the Regular Meeting— January 10, 2008 The following individuals were recognized, but not present at Council meeting: 5 years: Steven Jones, Police Department, Patrol Officer Janie Garza, Police Department, Investigative Analyst 10 years: Eleazar Arellano, Parks and Recreation Department, Crewleader 15 years: Lazaro Perez, Parks and Recreation Department, Heavy Equipment Operator Ms. Carol Flynt currently serves as the Interim Human Resources Director and was recognized for her 15 years of services. She was present to receive her recognition and was congratulated by Council and Staff for her dedication and service. James Haffert, a Public Work’s Heavy Equipment Operator was also present at Council meeting to receive his plaque and recognition for 15 years of service to the City of Baytown. Presentation from the Baytown Toy Run and Rocky Strange City Manger Brumback introduced Mr. Rocky Strange who presented Council with an appreciation plaque for their support and participation for the 2007 Baytown Toy Run. Mr. Strange felt the event had been very successful and feels that the event will double in size next year. Kenneth C. Simon - Waiver of Fees Mr. Kenneth C. Simon has requested to address Council regarding a request to waive the fees for the use of the Parks and Recreation meeting room for the youth group in connection with the Junior Knights of Peter Claver fund raiser. Mr. Simon explained that he represented a church group in McNair and going to Dallas for a conference for leadership and the cost of $218.00 for each child. There are (25) children in the group. Mr. Simon would like to hold a fundraiser in the auditorium and would like for the rental fee waived. City Manager Brumback agreed to work with the organization and attempt to push the cost down as low as possible. City Manager Brumback also asked Council that they not set a precedent to waive all fees for non profits as this could lead to future fee enforcement problems for the Parks and Recreation Department. Page 4 of 27 Minutes of the Regular Meeting— January 10, 2008 URSRB Appeal - 1200/1300 Northwood and TR57K/Lakeview Terrace Apartments Demolition The Mayor called the appeal requested by Grand Pacific Finance Corporation (GPF), in regards to the December 3, 2007 decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition of 17 buildings in the Lakeview Terrace Apartment complex located at 1200/1300 Northwood in Baytown, Texas at 6:47 p.m. The appeal from the Urban Rehabilitation Standards Review Board Order was filed in the Office of the Baytown City Clerk on December 11, 2007. Representative from Grand Pacific Corporation were present to conduct the appeal and the Mayor swore in Vivian Lee and their real estate consultant, Carl Wilson. Appellant, Vivian Lee from Grand Pacific Finance Corporation because they wanted to protect their interest and felt that their engineering report was misleading and would like the City to consider the demolition of (10) buildings and keep (7). The seven buildings are: 3500 S, N, 3600E, 4300N, 4600 N and 4600S. Chief Building Official, Mr. Kevin Byal explained that by July 2007 these buildings were severely dilapidated. The City conducted an inspection of (19) of the buildings that were unoccupied and made contact with the owner to work with them on the repair of these buildings. When the City saw that there was no evidence of interest from the owner in renovating the property and by October 1, 2007 all communication had ceased, the Urban Rehabilitation Board gave a 60 day notice to renovate. With no answer from either the owner or a representative from the GPF Corp., the Urban Rehabilitation Board ordered (18) of the (19) buildings demolished. Mr. Byal made notice the there have been two orders to demolish this property. The first one in November 2007 was for (2) buildings in the occupied area, which was not appealed. The second order is from December 2007 and was the one being appealed. Ms. Lee from the GPF Corporation felt that they had not been given enough time by the City to analyze and work up a plan to renovate and save the buildings. She noted that upon them hearing of the possible demolition had sent out engineers to make an assessment of what needed to be demolished, made steps to begin paying the outstanding water bill, contracted landscaping to clean up the area and do other work on the property. She believed that 7 buildings could be saved at a cost of 4 million. Ms. Lee further elaborated that she felt that their company was not given accurate information by the owner and engineers which led to them approving a 9.5 million loan, which has been defaulted. Ms. Lee claims that they are in the process of foreclosing on the property and would like the opportunity to salvage what they can on the property. This item was discussed at length and the representatives for GPF Corporation fielded questions from Council. Page 5 of 27 Minutes of the Regular Meeting— January 10, 2008 City Manager Brumback pointed out to Council that the City does not want to have substandard apartment complexes and that it was the staff’s belief that these buildings could not and should not be allowed to remain standing. To close, Mr. Byal gave a list of rebuttals to comments from the appellants and they are:  (29) Buildings in this complex have not been evaluated and feels comfortable that they can be rehabbed. (1) has just been ordered to be demolished, (2) have been ordered to demolish and not appeal,  (5) Legal notices sent out to the owner and lender.  The first meeting and every other meeting with lender, they claimed that they were going for foreclosure and the procedure has not started yet.  The Urban Board did give timelines in order to have due diligence made.  These buildings have floodplain issues – these are 50 and 60 damaged (structurally)  Every visit to the buildings there are additional damages and there will likely be more damage and decay than what is visible as these buildings have been exposed for many years.  Pipes are a concern as they are completely collapsed  Have received calls from perspective buyers with the idea that the damages were only cosmetic.  If the slabs are rebuilt immediately they may be saved, but if kept out there – they will be damaged. With no more comments the Mayor closed the hearing at 7:49 p.m. 1200/1300 Northwood and TR57K/Lakeview Terrace Apartments Demolition Affirm or Reverse City Manager Brumback asked Council to consider affirming, reversing or modifying the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of 17 buildings in the Lakeview Terrace Apartment complex located at 1200/1300 Northwood in Baytown, Texas. (Grand Pacific Finance Corporation (GP), appeal). Councilmember Yepez made a motion to reaffirm the decision to demolish the 17 buildings. Councilmember Capetillo seconded. The vote is as follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. At 7:50 p.m., Officer Ortiz arrived in the Council Chambers where the item deferred earlier was reintroduced per the request of City Manager Brumback. Page 6 of 27 Minutes of the Regular Meeting— January 10, 2008 Introduction of New Police Officer Gabriel Ortiz City Manager Brumback introduced Gabriel Ortiz who graduated from the University of Houston Downtown Police Academy on December 7, 2007. Gabriel passed his basic police officer licensing exam and was sworn in as a Baytown Police Officer on December 13, 2007. His badge number is 152. Officer Ortiz was welcomed to the City of Baytown by Council and Staff. PROPOSED ORDINANCES Consider Proposed Ordinance for the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 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 in Harris County Clerk's File No. U606092 of the Official Public Records of Real Property of Harris County, Texas. City Manager Brumback explained that the 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. He further noted that the property is located north of Interstate 10 at the intersection of Decker Drive and east of Crosby Lynchburg Road. City Council conducted the first and second public hearings for this annexation on the 13th day of December, 2007 with said notice being published in the December 3, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on December 3, 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, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,793 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND 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 Page 7 of 27 Minutes of the Regular Meeting— January 10, 2008 GREGORY, JR., RECORDED IN HARRIS COUNTY CLERK'S FILE NO. U606092 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN 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 a 2.966 (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 Clerks 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. City Manager Brumback explained that the 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. City Manager Brumback also explained that the property is located east of the intersection of Garth Road and being adjacent to the south Feeder Road of Interstate 10. City Council conducted the first and second public hearings for this annexation on the 13th day of December, 2007 with said notice being published in the December 3, 2007 issue of The Baytown Sun and posted on the City of Baytown’s website on December 3, 2007. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 2.966 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 Page 8 of 27 Minutes of the Regular Meeting— January 10, 2008 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 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 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. City Manager Brumback 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 Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey 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 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 Page 9 of 27 Minutes of the Regular Meeting— January 10, 2008 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 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 in Council Districts 5 and 6. Council Member Murray moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING PORTIONS OF THE CEDAR BAYOU STREAM ANNEXATION TO COUNCIL DISTRICT NOS. 5 AND 6; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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. City Manager Brumback 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 Murray moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Page 10 of 27 Minutes of the Regular Meeting— January 10, 2008 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 placing the property annexed into the City of Baytown in the previous agenda item 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 in Council Districts 4. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 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, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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 Page 11 of 27 Minutes of the Regular Meeting— January 10, 2008 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. City Manager Brumback 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 Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey 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-OFWAY 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 placing the property annexed into the City of Baytown in the previous agenda item 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 subject to an industrial district agreement with the City in Council Districts 3, 4, and 5. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Page 12 of 27 Minutes of the Regular Meeting— January 10, 2008 Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING PORTIONS OF THE 1-10 ANNEXATION TO COUNCIL DISTRICT NOS. 3 4 AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance for the first reading of the Ordinance annexing property for limited purpose currently within the extra-territorial jurisdiction of the City of Baytown and being described as: 1. A 90.2384-acre Tract north of Needle Point Road, east of SH 146 and South of I-10, also known as Tract One of Chambers County Municipal Utility District No. 1 2. Approximately a 500 foot strip of land adjacent to the eastern right-of-way line of SH 146 and being a part of 150.5783-acre tract of land located south of Abbe Subdivision, north of Wallace Road and east of SH 146. Such 150.5783-acre tract being also know as Tract 3 of the Chambers County Municipal Utility District No. 1 3. Approximately a 500 foot strip of land adjacent to the western right-of-way line of SH 146 and being a part of a 31.5718-acre tract of land located south of Lynnwood Subdivision, north of Union Pacific Railroad and west of SH 146. Such 31.5718-acre tract being also know as Tract 4 of the Chambers County Municipal Utility District No. 1 City Manager Brumback explained that City Council conducted the first public hearing for this annexation on the 19th day of November, 2007 with said notice being published in the October 29, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on October 26, 2007. City Council conducted the second public hearing for this annexation on the 13th day of December, 2007 with said notice being published in the November 21, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on November 21, 2007. Council Member Murray moved to approve the Ordinance as submitted. Council Member Yepez seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Page 13 of 27 Minutes of the Regular Meeting— January 10, 2008 Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,798 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, FOR A LIMITED PURPOSE ONLY TO INCLUDE (I) A 90.2384- ACRE TRACT NORTH OF NEEDLEPOINT ROAD, EAST OF SH 146 AND SOUTH OF I- 10, ALSO KNOWN AS TRACT ONE OF CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (II) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE EASTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF 150.5783- ACRE TRACT OF LAND LOCATED SOUTH OF ABBE SUBDIVISION, NORTH OF WALLACE ROAD AND EAST OF SH 146 AND WHICH SUCH 150.5783-ACRE TRACT BEING ALSO KNOWN AS TRACT 3 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND (III) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO THE WESTERN RIGHT OF-WAY LINE OF SH 146 AND BEING A PART OF A 31.5718-ACRE TRACT OF LAND LOCATED SOUTH OF LYNNWOOD SUBDIVISION, NORTH OF UNION PACIFIC RAILROAD AND WEST OF SH 146 AND WHICH SUCH 31.5718-ACRE TRACT BEING ALSO KNOWN AS TRACT 4 OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Council Member Capetillo left his place at 8:00 p.m. Consider Proposed Ordinance awarding demolition contract for up to 20 buildings at 1200/1300 Northwood, also known as Lake View Terrace Apartments. Kevin Byal, Chief Building Officer for the City of Baytown explained that the Proposed Ordinance awards a contract for up to 20 buildings located at 1200/1300 Northwood to AAR Incorporated in the amount of $288,495 for asbestos abatement and building/slab removal of building nos. 1200, 2500, 3400, 3500A, 3500B, 3600A, 3600B, 3700, 3900, 4000, 4100, 4200, 4300, 4400A, 4400B, 4500A, 4500B, 4600A, 4600B, and 3300. The contract award includes 19 buildings as the base bid and one building as the alternate. The work associated with alternate bid #1 will proceed only if the building is not demolished in accordance with the Urban Rehabilitation Standards Review Board order by the owner/lienholder during the cure period. Mr. Byal further explained that ten contractors attended the mandatory pre-bid on location. Seven bids and one no bid was returned. The low bidder is AAR Incorporated of Houston. This contractor has completed several projects for the Community Development Division. This project will be funded by the Capital Improvement Projects Fund for Emergency Demolition. Page 14 of 27 Minutes of the Regular Meeting— January 10, 2008 Additionally, Mr. Byal noted that the demolition bids included the destruction and removal of the building’s concrete slabs. Council Member Yepez moved to approve the Ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor DonCarlos Nays: None Council Member Capetillo was not present for this vote. The motion carried. ORDINANCE NO. 10,799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AAR INCORPORATED, FOR ASBESTOS ABATEMENT, DEMOLITION AND REMOVAL OF UP TO 20 BUILDINGS LOCATED AT 1200/1300 NORTHWOOD, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED NINETY-FIVE AND NO/100 DOLLARS (S288,495.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance repealing Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," Division 3 "Leased Multifamily Dwellings" of the Code of Ordinances, Baytown, Texas, amending Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," of the Code of Ordinances, Baytown, Texas to establish new registration requirements and standards for multi-family dwelling complexes. Council Member Capetillo returned to his place at 8:05 p.m. Mr. Kevin Byal explained that the proposed ordinance repeals Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," Division 3 "Leased Multifamily Dwellings" of the Code of Ordinances, Baytown, Texas, to establish new registration requirements and standards for multi-family dwelling complexes. The proposed ordinance repeals the current apartment license ordinance and replaces it with a multi-family (3 or more dwelling units) registration ordinance that provides, in part, for the following:  a certificate of occupancy upon change of ownership in order to continue operating;  an annual registration of the multi-family dwelling complex and upon change of ownership;  payment of an annual registration fee of $24.00 for the first dwelling unit and $8.00 per Page 15 of 27 Minutes of the Regular Meeting— January 10, 2008 dwelling unit thereafter, with a minimum payment of $50.00 (the fees will go toward the hiring of an apartment inspector);  inspection of multi-family complexes by the building official and follow-up inspections if necessary;  an administrative hearing with the city manager or his designee if the multi-family complex owner or manager desire one to contest the inspection fees assessed;  inspections by the landlord of each dwelling at least once annually and when the occupancy of the unit changes and a report of such inspections, which shall be made available to the building official for inspection at all reasonable times;  signs to be posted and maintained on the premises providing the telephone number where employees of the complex can be reached during emergencies;  sufficient lighting, which is required to be maintained;  graffiti to be removed within 7 days;  compliance with the property maintenance code,  a penalty for failure to comply with the ordinance; and  posting for non-occupancy those unoccupied dwelling units in a building in which at least one dwelling unit failed an inspection, until the deficiencies are corrected. The Mayor asked that City Attorney Ignacio Ramirez outline some of the items that had been modified to the ordinance since the last Council Meeting held on December 13, 2007. City Attorney Ramirez listed the changes and a sample is listed below:  Definition of surveillance devices to exclude dummy cameras  Person designated to respond to emergencies  Information submitted in alarm system process does not require a third party inspector, but anyone who holds the appropriate license. Mr. Brookstaff, a representative for the many of the local area apartment buildings thanked Council for allowing them to work closely with the City in regards to this ordinance, but cautioned not to place resident responsibilities on the apartment management. Additionally, Mr. Brookstaff expressed some concerns with the ordinance and they are listed below: 1- Requiring smoke detectors to be inspected on an annual basis. 2- Inspections without cause and how that would hinder a good owner’s ability to do their job without government intervention. st. 3- Logistical issues surrounding the apartment registration deadline on January 31 Ms. Amy Bertrand signed up to speak on this item and deferred her time to Carol Dougherty. Ms. Carol Dougherty with Rosemont of Baytown Apartments thanked Council for their support and ability to work with them and said she looked forward to working with the City. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Page 16 of 27 Minutes of the Regular Meeting— January 10, 2008 Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS," DIVISION 3 "LEASED MULTIFAMILY DWELLINGS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3 "MULTI- FAMILY DWELLING COMPLEXES" TO ESTABLISH NEW MULTIFAMILY DWELLING COMPLEX LICENSING REGULATIONS; 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 the Second Amendment to the Standard Form of Agreement with Kimley-Horn and Associates, Inc., dated January 26, 2007 and amended on October 23, 2007, to (i) finalize the conceptual master plans, programming for two outdoor aquatic facilities at the Wayne Gray Sports Complex and N.C. Foote Park and one water spray ground at McElroy Park in accordance with the approved City of Baytown Aquatic Facilities Master Plan, and (ii) prepare completion construction documents, to advertise for bid and to provide services related to the construction of one new aquatic facility at the Wayne Gray Sports Complex. Parks and Recreation Director, Mr. Scott Johnson explained that the Second Amendment, not to exceed $613,000, includes the following tasks: Services Timing of Service Cost not to Exceed Coordination and Design Management Throughout the Project $35,500 Schematic Design Services 30 days $76,500 Design Development 60 days $153,000 Construction Documents 60 days $204,000 Bidding Services 60 days $25,500 Construction Services Throughout the Project $55,500 Post-Construction Services 30 days $15,000 Furthermore, the reimbursable expenses associated with this Second Amendment shall not exceed $48,000. Upon completion of the services detailed in the Second Amendment, the City Page 17 of 27 Minutes of the Regular Meeting— January 10, 2008 will have constructed the aquatic facilities at Wayne Gray Sports Complex and will have standard operating procedures for and training on the new facilities. The original agreement with Kimley-Horn was for the development of the Aquatic Facilities Master Plan at a cost not to exceed $65,000. The First Amendment was for programming and conceptual plans together with for the associated coordination and design management at a cost not to exceed $32,000. Based on this design plan and the timing of the sale of the General Obligation and MDD funded bonds, the schedule for the Family Aquatics Center Construction at the Wayne Gray Sports Complex is as follows: May 2008 Sports Complex pool opens for its final season August 2008 Sports Complex pool closes and is demolished by City crews. Site is cleaned and graded November 2008 Sports Complex Aquatics Project (SCAP) is issued for bid December SCAP bids awarded 2008 February 2009 SCAP construction begins April 2010 SCAP construction complete May 2010 Grand Opening of the Wayne Gray Sports Complex Family Aquatics Center Mr. Johnson closed by recognizing all of the members of the Baytown Parks Committee for their extensive work and support to make this project happen and hoped to open for swimming in May 2010. Council Member Capetillo moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE STANDARD FORM OF AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., DATED JANUARY 26, 2007 AND AMENDED ON OCTOBER 23, 2007, TO (I) FINALIZE THE CONCEPTUAL MASTER PLANS, PROGRAMMING FOR TWO OUTDOOR AQUATIC FACILITIES AT THE WAYNE GRAY SPORTS COMPLEX AND N.C. FOOTE PARK AND ONE WATER SPRAY GROUND AT MCELROY PARK IN ACCORDANCE WITH THE APPROVED CITY OF BAYTOWN AQUATIC FACILITIES MASTER PLAN, AND (II) PREPARE COMPLETION CONSTRUCTION DOCUMENTS, TO ADVERTISE FOR BID AND TO Page 18 of 27 Minutes of the Regular Meeting— January 10, 2008 PROVIDES SERVICES RELATED TO THE CONSTRUCTION OF ONE NEW AQUATIC FACILITY AT THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTEEN THOUSAND AND NO/100 DOLLARS (5613,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing Agreement for Advertising Services and Promotion of the Arts with Bayshore Fine Rides, Inc., for its 20th Annual Car Show and Cruise on Texas Avenue to be held on April 18th and 19th, 2008; 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. City Manager Brumback explained that the City of Baytown received a request for funding from Bayshore Fine Rides, Inc. for its 20th Annual Car Show and Cruise on Texas Avenue to be held April 18, 2008, from 6:00 p.m. to 10:00 p.m. and April 19, 2008, from 9:00 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 $15,000 of hotel occupancy tax revenues. Additionally, the proposed ordinance granted to Bayshore Fine Rides, 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 18th and 19th Annual Fine Rides Show on Texas Avenue. Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,802 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 AN AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF Page 19 of 27 Minutes of the Regular Meeting— January 10, 2008 THE ARTS WITH BAYSHORE FINE RIDES, INC., FOR ITS 20™ ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE TO BE HELD ON APRIL 18, 2008 AND APRIL 19, 2008; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00); 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 BAYSHORE FINE RIDES, INC.'S 20™ ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT BAYSHORE FINE RIDES, INC.'S 20™ ANNUAL CAR SHOW AND CRUISE 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. Consider Proposed Ordinance authorizing an interlocal agreement with Harris County and Reinvestment Zone Number One, City of Baytown, Texas, for Harris County's participation in TIRZ #1. City Manager Brumback presented Deputy City Manager Robert Leiper to discuss the background and history of this project and agreement. Deputy City Manager Leiper briefly discussed the four year process undertaken to make this agreement happen. He made a special thanks to Council Member Murray and all the members of the TIRZ Board for the work and patience throughout this process. Deputy City Manager Leiper explained that this proposed ordinance would allow the collection of ad valorem tax increment on a portion of the County's tax rate. The tax increment collected will be used to fund and/or reimburse developer-funded improvements to John Martin Road from Interstate 10 to Lynchburg - Cedar Bayou Road. Furthermore, Deputy City Manager Leiper explained that this project has been under discussion with the County for several years and the interlocal agreement was approved by Harris County Commissioners Court on December 18, 2007. The interlocal agreement was scheduled to be considered for approval by the Baytown Redevelopment Authority Board on January 8, 2008. The key elements of the agreement are: 1. The County will participate at 75% of its base tax rate, not to exceed $0.30 per $100 2. The base tax year for calculation of increment is 2005 3. The County participation is limited to $15,022,674 4. The County participation will end December 31, 2030 Page 20 of 27 Minutes of the Regular Meeting— January 10, 2008 5. County increment shall not be used to pay for water, sewer, street lighting or sidewalks. 6. The TIRZ shall pay $35,000 annually from County increment to Project Stars or other County beautification projects. 7. The project will be broken into two phases - north and south - with the north segment constructed first. 8. Phase Two must begin construction within five years. 9. At least 5% of the single family, detached homes constructed in TIRZ subdivisions after the effective date of this agreement shall be "starter" homes indexed according to HUD and HCCEDD standards, currently $115,000. 10. The TIRZ Project Plan and Financing Plan must be revised to reflect this project and County participation no later than September 30, 2008. Furthermore, the 2006 estimated construction cost for both phases of John Martin, including utilities, is $11 million. Once all parties have approved the interlocal agreement the following actions would begin: 1. The Project Plan and Financing Plan will be revised and presented to the Redevelopment Authority Board, City Council and Harris County. 2. A participation agreement will be negotiated with the developer on the west side of John Martin Road. This will include annexation of additional property and the expansion of the TIRZ boundaries to include this development. 3. Even though the north segment will be constructed first, the road alignment of the south portion will be established by an engineering firm and ROW acquisition will begin. 4. The determination of project management will be made. The County has expressed interest in funding design and managing the construction project. If the County declines, the developers will fund the design costs and the City will manage the project. The Mayor thanked Deputy City Manager Leiper, the Staff, Council Member Murray and all those involved in this process as it was a long and difficult one, but a ultimately a successful one. 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, Capetillo and Caskey Mayor DonCarlos Nays: None Page 21 of 27 Minutes of the Regular Meeting— January 10, 2008 The motion carried. ORDINANCE NO. 10,803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND REINVESTMENT ZONE NUMBER ONE, BAYTOWN, TEXAS FOR HARRIS COUNTY'S PARTICIPATION IN THE TIRZ FOR THE JOHN MARTIN ROADWAY IMPROVEMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution granting the petition requesting annexation submitted by Lawrence W. Doyle, the Manager/Owner of Garth Road Holdings, LLC., the owner of a tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms, Unit "D", a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion of the combination of 2 tracts as described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded in Volume 4630 Page 556 ofthe Deed records of Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the widening of Garth Road as described in Harris County Clerks File No. F793461, and being 7.30 acres. City Manager Brumback explained that this 4.88 acre tract of land is located at 5123 Garth Road near West Cedar Bayou Lynchburg Road, is contiguous to the city limits of Baytown, is vacant and without residents, and will be used for retail purposes and for a restaurant. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF GARTH ROAD HOLDINGS, LLC, CONCERNING THE ANNEXATION OF A TRACT OF LAND OUT OF BLOCK ONE HUNDRED-FORTY (140), Page 22 of 27 Minutes of the Regular Meeting— January 10, 2008 UNIT "D," ELENA FRUIT AND COTTON FARMS, A SUBDIVISION OUT OF THE WASHINGTON COUNTY RAILROAD SURVEY IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 7, PAGE 48 - 49 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution expressing intent to finance expenditures to be incurred for the professional services associated with the Aquatic Facilities at the Wayne Gray Sports Complex. City Manager Brumback explained that the Proposed Resolution authorizes the reimbursement for the professional services associated with the Aquatic Facilities at the Wayne Gray Sports Complex, which is scheduled to begin prior to the issuance of bonds. State law requires cities to have the funds available at the time the contract is let. The bonds for the aquatic facilities will be issued in the spring. The following advanced funding is requested: Description Estimated Cost Aquatic Facilities at the Wayne Gray Sports Complex $200,000 Total $200,000 Council Member Capetillo moved to approve the Resolution as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider authorizing advertisement to take bids for the Streets Phase IV - Kilgore Rd & Bob Smith Rd Project. City Manager Brumback explained that the scope of work for the project is the reconstruction of two asphalt roadways with adjacent storm drainage ditches. The length of Kilgore Road is approximately 8,820 feet and the length of Bob Smith Road is approximately 2,225 feet. A 6- inch water line on Kilgore Road will be upgraded to an 8-inch water line and an 12-inch and 18- Page 23 of 27 Minutes of the Regular Meeting— January 10, 2008 inch sanitary sewer line on Bob Smith Road will be replaced by pipe bursting. All the utilities crossing under both roadways will be replaced within the right-of-way. The estimated construction cost for this project is $4,100,000 and the construction duration is 240 calendar days. The bids are based on asphalt pavement with an alternate for concrete. Council Member Mahan moved to approve the Resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. City Manager Brumback requested that Council pull Consent Item 7.d. as it was not ready. Council agreed to the request. Council Member Mahan made a motion to approve Consent Items 7.a. through 7.c. and Item 7.e in one vote. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance approving an interlocal agreement with the Baytown Municipal Development District for funding of the West District Wastewater Treatment Plant Expansion project. ORDINANCE NO. 10,804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING OF A PORTION OF THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing the renewal of the 2007 Annual Sanitary Sewer Rehabilitation contract with PM Construction & Rehab, L.P. Page 24 of 27 Minutes of the Regular Meeting— January 10, 2008 ORDINANCE NO. 10,805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2007 SANITARY SEWER REHABILITATION CONTRACT WITH PM CONSTRUCTION & REHAB, L.P.; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS (51,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance awarding MLG Construction Company housing rehabilitation projects located at 1902 Superior Street, 1801 Superior Street, and 708 Carnegie Street. ORDINANCE NO. 10,806 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MLG CONSTRUCTION COMPANY FOR HOUSING REHABILITATION PROJECTS LOCATED AT 1902 SUPERIOR STREET, 1801 SUPERIOR STREET, AND 708 CARNEGIE STREET; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED TWELVE AND NO/100 DOLLARS ($ 120,512.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution adopting amendments to Appendix A of the Harris County All Hazard Mitigation Plan to address mitigation actions for additional hazards and threats which may be faced by the City. RESOLUTION NO. 1909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING AMENDMENTS TO APPENDIX A OF THE HARRIS COUNTY ALL HAZARD MITIGATION PLAN TO ADDRESS MITIGATION ACTIONS FOR ADDITIONAL HAZARDS AND THREATS WHICH MAY BE FACED BY THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointments to the Community Development Advisory Committee (4). City Manger Brumback explained that the Community Development Advisory Committee (CDAC) holds public hearings, reviews the status of funded programs, and establishes an annual budget for the Community Development Block Grant funds. Section 2-387 of the Baytown Code of Ordinances states that the composition of the CDAC shall have representation of low- to moderate-income areas of the city, as defined by the Department of Housing and Urban Development. Minority groups will at least be represented in proportion to such citywide Page 25 of 27 Minutes of the Regular Meeting— January 10, 2008 percentage representation. The Committee shall consist of at least one member from each of the six council districts. Terms for the following members will expire on January 1, 2008: Larry Newton of District 1, Donna Terpening of District 2, Martha Barnett of District 3, and Terry Sain of District 4. Since October 2006, the CDAC has held seven meetings. The attendance record for each member is as follows:  Larry Newton – 4  Martha Barnett – 6  Donna Terpening – 7  Terry Sain – 7 Larry Newton of District 1 has served for four years and wishes to retire from service. The remaining members would like to continue service, if reappointed. To maintain the same geographic representation on the Committee, a resident from District 1 should be appointed. During the December 13, 2007 Council Work Session Meeting, Council Member Yepez suggested Simmie L. Robinson as the appointment consideration from District 1. Council Member Yepez made a motion to reappoint Larry Newton, Martha Barnett, Donna Terpening and Terry Sain and approve Simmie L. Robinson to the Community Development Advisory Board. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None The motion carried. Consider appointment of Julie Escalante as Municipal Court Judge for the remainder of the term of office which commenced on February 1, 2008, and ends on January 31, 2010. On February 9, 2006, the City Council appointed Julie Escalante to serve as the Municipal Court Judge for a two year term which began on February 1, 2006 and will end on January 31, 2008. The Judge is a full-time employee who receives the same benefits as all other full-time, non-civil service employees. If re-appointed, Judge Escalante will serve a two-year term beginning on February 1, 2008, and ends on January 31, 2010. Council Member Capetillo made a motion to approve Julie Escalante as Municipal Court Judge. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey Mayor DonCarlos Nays: None Page 26 of 27 Minutes of the Regular Meeting— January 10, 2008 The motion carried. EXECUTIVE SESSION City Attorney Ramirez expressed to Council that an Executive Meeting was no longer needed in regards to the possible purchase of real property for roadway projects. MANAGER'S REPORT  Deputy City Manger Leiper reported that the repaving of the Texas Avenue Oak Tree is moving forward. An arborist has been hired and the design has been completed. In order to meet the timeline given by the arborist for the best time to work around the tree bids will need to be completed the week following the Council meeting. This work will be done before the car show. th  City Manager Brumback informed Council that on January 24, the City will be testing its new ConnectCTY system. th  City Manager Brumback invited all Council and public to the 60 Anniversary Celebration for the City of Baytown to be held on January 24, 2008 at 5:00 p.m. The Mayor asked that Staff prepare a special invitation to former mayors and council members to join the celebration. CLOSING COMMENTS The Mayor made a special notice and thank you to Mr. Dan Combes, a Chevron Plant Manager who donated the new pictures that are now hanging in the Council chambers. Mayor DonCarlos asked that prayers and good thoughts be sent to Former Council Member Frank Hines who is currently in ill health. ADJOURN Council Member Caskey moved to adjourn the meeting. Council Member Murray seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Yepez Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:48 p.m. Page 27 of 27 Minutes of the Regular Meeting— January 10, 2008 ______________________________ Kelvin Knauf, Interim City Clerk