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2008 03 27 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 27, 2008 The City Council of the City of Baytown, Texas met in regular session on March 27, 2008 at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena Yepez Council Member Brandon Capetillo Council Member Don Murray Council Member Sammy Mahan Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Deputy City Manager Ignacio Ramirez City Attorney Kelvin Knauf Assistant City Manager /Interim City Clerk Council Member Lynn Caskey was absent. City Manager Brumback was absent. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Member Murray led the Pledge of Allegiance and prayer. MINUTES Consider Approval of Minutes of the March 13, 2008 Regular Meeting and the March 13, 2008 Work Session. Council Member Mahan moved that the minutes for the March 13, 2008 regular meeting and the March 13, 2008 work session be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None Abstentions: Council Member Yepez The motion carried. RECOGNITIONS AND CITIZENS COMMUNICATIONS Consider accepting a donation from ExxonMobil in the amount of $22,500 for the Library. Connie Tilton of ExxonMobil Corporation presented the Mayor with a check in the amount of $22,500. Mayor DonCarlos thanked ExxonMobil for their contribution. Council Member Sheley Page 2 of 15 Minutes of the Regular Meeting—March 27, 2008 moved that the resolution accepting the donation be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Sheley and Yepez Mayor DonCarlos Nays: None Abstentions: Council Member Murray (conflict of interest form on file) The motion carried. Mayor DonCarlos then introduced Cherie Laughlin and Jim Newport from Bayer Corporation. Bayer presented a check to the city in the amount of $107,500.00 for the purchase of about 20,000 recycling bins. Mr. Newport said his company supports recycling and Bayer is glad to buy the bins for recycling. Bayer Corporation also presented a check to the Mayor in the amount of $5,000.00 for the Mayor’s Summer Youth Employment Program. Mayor DonCarlos talked briefly about the summer youth employment program to employ at-risk youths in job in City departments. The youths learn job search skills and employment skills. Mayor DonCarlos thanked the businesses that participated in last year’s program and are participating in this year’s program. RESOLUTION NO. 1920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXONMOBIL CORPORATION IN THE AMOUNT OF TWENTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($22,500.00) SUPPORTING THE CHILDREN, LITERACY, READING AND CULTURAL ENRIGHMENT PROGRAMS OF THE STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive a presentation concerning Trash Bash at the Baytown Nature Center. Mayor DonCarlos introduced Martha Goolsby with the Port of Houston Authority. She extended th an invitation to the Council to attend the Trash Bash set for Saturday, March 29 at the Baytown Nature Center. Recognize and receive GFOA’s Distinguished Budget Presentation Award for the Fiscal Year 2007-08 Budget Document. Mayor DonCarlos introduced Rhonda Daugherty, Finance Director. Rhonda Daugherty presented the Mayor with the GFOA Distinguished Budget Presentation Award, which the City has received th for the 14 consecutive year. She recognized Renea Dobbs and Teri Roche and thanked the Council for their support. Mayor DonCarlos thanked the Finance Department for their work and achieving the award for 14 years in a row. Page 3 of 15 Minutes of the Regular Meeting—March 27, 2008 PUBLIC HEARINGS Conduct a public hearing regarding the removal of the PUD designation and a proposed zoning amendment on Thompson Road. Conduct a public hearing regarding the application of the City Manager for a zoning amendment and removal of a Planned Unit Development Overlay District for property legally described as TRS 1F-3A, 1F-4, 1F-5, 1F-6, 1F7, 1F-9, 1F-10, 1F-11 1F-12, 1F13, 1F19& 1F-20, Abstract 44, N Lynch, TRS 2, 2B,2C, 3, BLK 2, TRS 20, 20B-1,BLK 20, TR 23 BLK 23 Elena Fruit & Cotton Farm, Baytown, Harris County, Texas. Mayor DonCarlos opened the public hearing at 6:45. He asked Deputy City Manager Bob Leiper to summarize the subject of the public hearing. The City Manager has requested a zoning amendment and removal of a Planned Unit Development Overlay District for property legally described as TRS 1F-3A, 1F-4, 1F-5, 1F-6, 1F7, 1F-9, 1F-10, 1F-11 1F-12, 1F13, 1F19& 1F-20, Abstract 44, N Lynch, TRS 2, 2B,2C, 3, BLK 2, TRS 20, 20B-1,BLK 20, TR 23 BLK 23 Elena Fruit & Cotton Farm, Baytown, Harris County, Texas. The subject property is located south of Interstate 10, east and west of Thompson Road, Baytown, Texas. The zoning amendment application is to (i) remove an overlay district for the subject property, which allows a minimum lot size of 4400 square feet for single-family detached dwelling units with a minimum width of 40’ and a minimum lot size of 2,000 square feet for attached single-family dwelling units. and (ii) to reclassify the subject property from Neighborhood Conservation (NC) and Urban Neighborhood (UN) to Light Industrial (LI). The Planning and Zoning Commission met on March 19, 2008 and voted to recommend approval of the removal of the PUD and to reclassify subject property from NC and UN to LI. The previous PUD proved to not be financially feasible and the property has been zoned to a new owner. All the property will be zoned Light Industrial. A brief discussion and questions followed Mr. Leiper’s summary. Mayor DonCarlos called on Chris Presley, who had signed up to speak on the item. Mr. Presley spoke in support of the re-zoning and pointed out that he was not allowed to develop a PUD in 2004. Mayor DonCarlos called on Mitchell Pearce who had signed up to speak. He stated we need change but need a more comprehensive look at zoning and make long term decisions about the ability to change the zoning ordinance. He urged Council to table or amend certain phases of the development and not zone the entire property as Light Industrial. Mayor DonCarlos asked about zoning change procedure. Deputy City Manager Leiper stated that any action by City Council requires public involvement (through public hearings). Mayor DonCarlos stated he wanted to reassure the public that there would be lots of public input on re-zoning. There being no further discussion, Mayor DonCarlos closed the public hearing at 7:15 p.m. Conduct a public hearing concerning a proposed zoning amendment at 5123 Garth Road. Mayor DonCarlos opened the public hearing at 7:15 p.m. Deputy City Manager Bob Leiper summarized the agenda item. Staff received a request from L.W. Doyle for a zoning amendment to reclassify 5123 Garth Road, legally described as One Hundred–forty, Unit “D”, Elena Fruit and Cotton Farms a subdivision out of the Washington County Railroad Survey, Baytown Harris County, Texas from Neighborhood Conservation District to Mixed Use District. The property has been recently annexed into the city limits and will be developed with retail and restaurants. There being no discussion or persons signed up to speak on the item, Mayor DonCarlos closed the public hearing at 7:17 p.m. Page 4 of 15 Minutes of the Regular Meeting—March 27, 2008 PROPOSED ORDINANCES Consider the second reading for a 4.88 acre annexation at 5123 Garth Road. Deputy City Manager Bob Leiper summarized the agenda item. The proposed ordinance is the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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 of the 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. 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. City Council conducted the first and second public hearings for this annexation on the 24th day of January, 2008 with said notice being published in the January 14, 2008 issue of the Baytown Sun and posted on the City of Baytown’s website on January 14, 2008. Council Member Capetillo moved that the ordinance be adopted. Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider placing the annexation of a 4.88 acre tract at 51233 Garth Road in Council District 3. The proposed ordinance places the property annexed into the City of Baytown in the previous agenda item and being described as 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 of the 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 in Council District 3. Page 5 of 15 Minutes of the Regular Meeting—March 27, 2008 Council Member Capetillo moved that the ordinance be adopted. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider amending the zoning designation for 5123 Garth Road. Council Member Capetillo moved that the ordinance be adopted. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO RECLASSIFY THE PROPERTY LOCATED AT 5123 FARTH ROAD AND LEGALLY DESCRIBED AS TRACT “I” AND TRACT “M,” BLOCK ONE HUNDRED FORTY, UNIT “D”, ELENA FRUIT AND COTTON FARMS, A SUBDIVISION OUT OF THE WASHINGTON COUNTY RAILROAD SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, FROM NEIGHBORHOOD CONSERVATION TO MIXED USE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBICATION AND EFFECTIVE DATE THEREOF. Consider removing the PUD overlay district and amending the zoning designation on Thompson Road. Mayor DonCarlos introduced the item and asked Deputy City Manager Bob Leiper to summarize the item. The proposed ordinance amends the official zoning map of the City of Baytown concerning certain tracts of land located south of Interstate 10 and adjacent to Thompson Road on the east and the west to remove the Planned Unit Development ("PUD") Overlay District and to change the zoning district classifications from Neighborhood Conservation and Urban Neighborhood Districts to a Light Industrial District, and repeals Section 4 of Ordinance No. 10,338 to rescind the variances therein granted to the minimum lot size requirements. The City Manager has requested a zoning amendment and removal of a PUD Overlay District for this property. Should the property be reclassified as Light Industrial neither the overlay district nor the variances granted to the minimum lot size are necessary or appropriate. The Planning and Zoning Page 6 of 15 Minutes of the Regular Meeting—March 27, 2008 Commission met on March 19, 2008 and voted to recommend approval of the removal of the PUD and to reclassify subject property from NC and UN to LI. Mayor DonCarlos called on Chris Presley who had signed up to address the item. He spoke about the close proximity to truck stops and the railroad tracks and incompatibility with surrounding uses. Mayor DonCarlos asked the developers to describe their proposed project. The developers explained that they have agreed through deed restrictions and covenants restricting truck bays from facing the arterial streets and highways. Mayor DonCarlos said we wanted their best work in the city. Council Member Capetillo asked about the timetable for development. The developers responded that they are hopeful within nine months to do the site work and vertical construction with total build out in five years, which is an aggressive schedule. Council Member Murray asked about the traffic flow and if the arterials can handle the traffic. The developers responded that their improvements to Thompson Road will help traffic in the area. Council Member Mahan said it would be easy in and easy out of the area. Council Member Sheley asked about City amenities and if the developer would be adverse to dedicating five to seven acres to place city amenities on, perhaps a fire station or other facility. The developer said they would be willing to discuss it and look at it further. Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,863 AN ORDINANCE OF THE CITY COUNCIL OF THE CCITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING CERTAIN TRACTS OF LAND LOCATED SOUTH OF INTERSTATE 10 AND ADJACENT TO THOMPSON ROAD ON THE WAST AND THE WEST TO REMOVE A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT AND TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FROM NEIGHBORHOOD CONSERVATION AND URBAN NEIGHBORHOOD SDISTRICTS TO LIGHT INDUSTRIAL DISTRICT; REPEALING SECTION 4 OF ORDINANCE SI. 10,338 TO RESCIND THE VARIANCES GRANTED TO THE MINIMUM LOT SIZE REQUIREMENTS CONTAINED IN CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL,” SUBDIVISION IV “TOWNHOUSE SUBDIVISIONS,” SECTION 126-350 “LOTS”AND ARTICLE IV “IMPROVEMENTS,” DIVISION 2 “DESIGN STANDARDS,” SUBDIVISION III “LOTS,” SECTION 126-551 “MINIMUM SIZES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 7 of 15 Minutes of the Regular Meeting—March 27, 2008 Consider authorizing the bill of sale and the assignment and transfer of utility deposits for the Bay Oaks Harbor Utility Transfer. Mayor DonCarlos introduced the agenda item and asked Deputy City Manager Bob Leiper to summarize the item. The proposed ordinance authorizes a Bill of Sale and an Assignment and Transfer of Utility Deposits with John M. Fultz, Receiver for Bay Oaks Harbor Water and Sewer Utility System. Such documents are necessary for the transfer of the Bay Oaks Harbor Utilities to the City of Baytown. This is anticipated to be some of the last steps in the transfer process. The Bill of Sale transfers all of the water and sewer lines and related appurtenances to the City and the Assignment and Transfer of Utility Deposits transfers all of the deposits to the City. The parties are aiming for an April 1st closing. As such, on April 1st, the residents of Bay Oaks Harbor will receive water and sewer services from the City of Baytown. The Utility Billing Division has been working with the residents to set up accounts in order to ensure that the continuity of services is unaffected by the transfer. Mayor DonCarlos called on Mitchell Pearce, who had signed up to speak. Mr. Pearce spoke in support of the proposed ordinance. He reviewed the actions that the homeowner’s association had taken so that there is no impact to the taxpayers of Baytown to absorb the system. Mayor DonCarlos thanked Mr. Pearce and the homeowners for their work. Council Member Mahan thanked city staff for their efforts. Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYUOR TO EXECUTE A BILL OF SALE AND AN ASSIGNMENT AND TRANSFER OF UTILITY DEPOSITS WITH JOHN M. FULTZ, RECEIVER FOR BAY OAKS HARBOR WATER AND SEWER UTILITY SYSTEM FOR THE TRANSFER OF SUCH SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of a utility upgrade surcharge for repairs to the private water system at Bay Oaks Harbor as part of the takeover by the City. Deputy City Manager Bob Leiper summarized the item. The proposed ordinance amends Chapter 98 “Utilities,” Article III “Water Service,” of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 98-55 “Utility upgrade surcharge” to establish a $15 monthly surcharge for repairs to the water and wastewater systems within the Bay Oaks Harbor Subdivision. Since 2004, the City of Baytown and the property owners of Bay Oaks Harbor Subdivision have been working on a plan to transfer the private utility system over to the City of Baytown. The Property Owners Association (POA) has acted as the agent for the owners. As such various activities and expenditures have been presented to the members for approval. We Page 8 of 15 Minutes of the Regular Meeting—March 27, 2008 are finally at the end of the road to complete this transfer, having gained approval of TCEQ and the District Court of Travis County. One other action necessary is the approval of a $15 per-unit utility assessment fee to reimburse the City for repairs that we will make to the water and wastewater system at Bay Oaks Harbor after the transfer is completed. This repair was part of the agreements with the POA for the City's takeover. Based on the engineering study performed by Langford Engineering in April 2005, it is estimated that the repairs to meet TCEQ standards will cost $100,000. The assessment will continue until repaid in approximately 5 years. Additional development and more utility customers will repay the funds more quickly. The transfer of the customers to the City’s Utility Billing System has already started. City of Baytown water and wastewater service is expected to officially begin April 1, 2008. Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 “UTILITIES,” ARTICLE III “WATER SERVICE,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 98-55 “UTILITY UPGRADE SURCHARGE” TO ESTABLISH A FIFTEEN AND NO/100 DOLLARS ($15.00) MONTHLY SURCHARGE FOR REPAIRS TO THE WATER AND WASTEWATER SYSTEMS WITHIN THE BAY OAKS HARBVOR SUBDIVISION (AMENDED), SECTIONS 2 THROUGH 10 INCLUSIVE; CONTAINING A RELEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMIM PENALTY OF FIVE HNHUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider establishing a curbside recycling fee. Deputy City Manager Bob Leiper summarized the item. Residential accounts will be billed $2.25 per residential unit per month to pay for the recycling. The cost may have to be increased because of the cost of fuel and the contract has a fuel adjustment clause. Council Member Capetillo moved that the ordinance be adopted. Council Member Yepez seconded the motion. Mayor DonCarlos reviewed the benefits of recycling and its impact on landfill capacity and costs. Page 9 of 15 Minutes of the Regular Meeting—March 27, 2008 There being a motion and a second, the vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10.866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 “SOLID WASTE,” ARTICLE II “RESIDENTIAL SOLID WASTE,” DIVISION 3 “FEES AND CHARGES AND BILLING PROCEDURE,” SECTION 86- 101 “CHARGE FOR COLLECTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ESTABLISH A MONTHLY CURB-SIDE RECYCLING FEE OF TWO AND 25/100 DOLLARS PER RESIDENTIAL UNIT; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMIM, PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Authorizing the first amendment to the Professional Services Agreement for Final Design Services to Pierce Goodwin Alexander & Linville, Inc. Deputy City Manager Bob Leiper summarized the item. The Proposed Ordinance authorizes the First Amendment to the Professional Services Agreement for final design services with Pierce Goodwin Alexander & Linville, Inc. in an amount not to exceed $63,500 for the Old Courts Facility and Police Academy Addition Project. Compensation for final design services will not exceed $60,000. The project’s reimbursable expenses shall not exceed $3,500. As part of the final design services, the consultant will assist the City during the bidding process, provide construction observation services, and attend meetings with City staff as necessary. Upon the issuance of a notice to proceed, Pierce Goodwin Alexander & Linville, Inc. will complete the final design services within 90 calendar days. The anticipated schedule to bid the project is August 2008. Funds for the project is from the original Crime Control and Prevention District Council Member Capetillo moved that the ordinance be adopted. Council Member Yepez seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE Page 10 of 15 Minutes of the Regular Meeting—March 27, 2008 INTERIM CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR FINAL DESIGN SERVICES FOR THE OLD COURTS FACILITY AND POLICE ACADEMY ADDITION PROJECT; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($63,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance approving a settlement regarding the design, construction and construction oversight of the Emergency Operations Center. Deputy City Manager Bob Leiper stated that this item was not ready. No action was taken on the item. PROPOSED RESOLUTIONS Consider a proposed resolution approving an application for Assistance to Firefighters Grant. Fire Chief Shon Blake asked for permission to apply for a firefighter’s assistance grant. The proposed resolution allows the Fire Department to submit an application to the U.S. Department of Homeland Security for an Assistance to Firefighters Grant. This grant will assist in the funding of equipment to enhance the health and safety of firefighters and the community. The grant will also assist in the training of personnel, enhancing the service to the community. Council Member Mahan asked about the wash system being requested. Chief Blake stated that it is for washing bunker gear. Council Member Sheley asked if there was a matching requirement. Chief Blake stated that there is a 20% matching requirement. Council Member Yepez asked about alternatives if the department didn’t get the grant. Chief Blake stated that if they didn’t get the grant, the department would have to re-apply next year. He pointed out that the department had been successful in getting grants before for haz-mat training. Chief Blake added that the department could ask for the funds through the budget process. Council Member Capetillo moved that the resolution be adopted. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO U.S. DEPARTMENT OF HOMELAND SECURITY FOR A 2008 ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF ONE HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS ($195,000.00) FOR THE PURPOSE OF PROVIDING FOR EQUIPMENT AND TRAINING; Page 11 of 15 Minutes of the Regular Meeting—March 27, 2008 DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM: AUTHORIZING THIRTY-NINE THOUSAND AND NO/100 DOLLARS ($39,000.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MOTIONS Consider approval of plans and specifications for the Tri-City Beach Waterline Extension Project. Deputy City Manager Bob Leiper summarized the agenda item. Part of the city takeover of the private utility system at Bay Oaks Harbor subdivision is the extension of the 12" waterline on Tri- City Beach Road to the second subdivision entrance. This will allow the subdivision waterline to be looped, improving pressures, flows and fire protection capabilities. The project was designed in-house and is estimated to cost $150,000. This project is part of the 2001 Utility Improvement Program. Council Member Mahan moved that the plans and specifications be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Consider possible action regarding CenterPoint Energy Entex Rate Regulation. City Attorney Ignacio Ramirez summarized the agenda item. A proposed resolution has been placed at the Council’s places to suspend the rate increase so the city can review the rates to see if they are fair and reputable. City staff has been discussing the rate case with other affected cities. The consensus of the cities was to suspend rates and hire the law firm of Herrera and Boyle to represent the cities who are members of the coalition in the rate case. The proposed resolution would allow the City Manager to enter into an agreement with the law firm and recommended approval of the ordinance. The City Attorney went on to state that he anticipated that at the next council meeting the staff would recommend to deny the rates and have the attorneys represent us at the Commission. Council Member Sheley moved that the resolution be adopted. Council Member Yepez seconded the motion. Council Member Yepez asked how the lawyer fees would be paid. Mr. Ramirez stated that they would be paid by the utility with the costs distributed among the utility’s customers. Mayor DonCarlos called on Randall Sanders, Area Manager for CenterPoint Entex, who had signed up to speak. He spoke about the City waiving its original jurisdiction in the case—it is not part of the filing. Mr. Sanders also said the City Council could approve the rates placed before the Council. On March 6, 2008 CenterPoint Entex filed an intent to increase rates with 47 cities and Page 12 of 15 Minutes of the Regular Meeting—March 27, 2008 the Railroad Commission. Baytown residents would be looking at a 5.81% increase in their bills or $3.59 per customer per month. He passed out a letter and other information pertaining to the rate case. Extensive discussion was had concerning the requested rate increase and any litigation surcharges on the customers. There being a motion and a second, the vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. CONSENT Council Member Mahan moved that the consent agenda be adopted with the item on the Woodlawn Lift Station changed to correct a transposition in numbers. Council Member Sheley seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion passed. Consider a resolution directing the City staff to prepare service plans for a proposed 127 acre annexation of land in the ETJ. RESOLUTION NO. 1923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE PREPARATION OF A SERVICE PLAN FOR THE PROPOSED ANNEXATION OF A 127.614-ACRE TRACT OF LAND IN THE HACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND THE B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED 23.407 ACRES TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED 92.706 ACRES TRACT 3) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J.G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN 250 FEET WILDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY DEED RECORDED IN COLUME 292 AT PAGE 613 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25 FEET WIDE STRIP OF LAND CONVEYED TO SOUTH PACIFIC RAILROAD BY DEED RECORDED IN COLUME 493 AT PAGE 655 OF THE OFFICILA RECORDS OF CHAMBERS COUNTY, TEXAS, AND PART OF THAT CERTAIN 50-=FOOT WIDE STRIP OF LAND CONVEYED TO SOUTH PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 15 Minutes of the Regular Meeting—March 27, 2008 Consider approving the closeout of the Woodlawn Lift Station Rehabilitation Project. ORDINANCE NO. 10,868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WOODLAWN LIFT STATION REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-TWO THOUSAND THREE HUNDRED FORTY-EIGHT AND 60/100 DOLLARS ($42,348.60) TO PELTIER BROTHERS CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider awarding the third renewal of the annual concrete work contract. ORDINANCE NO. 10,869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider confirmation of the Housing Authority appointment. Mayor DonCarlos stated that his appointment to the Baytown Housing Authority Board would be Jim Giroir. Council Member Sheley moved that the appointment be confirmed. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion passed. Consider confirmation of the Housing Finance Corporation Board appointment. Mayor DonCarlos stated that his appointment to the Baytown Housing Finance Corporation Board would be Jim Giroir. Council Member Sheley moved that the appointment be confirmed. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion passed. Page 14 of 15 Minutes of the Regular Meeting—March 27, 2008 Consider appointment of Associate Municipal Court Judges. Deputy City Manager Bob Leiper stated that this item was not ready for discussion. No action was taken on the item. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. This item was not ready and no executive session was held. MANAGER'S REPORT Youth Advisory Commission wins Spirit Award at the annual YAC Summit Mike Flinn, Recreation Superintendent, gave a report on the Youth Advisory Commission Summit. The Baytown Youth Advisory Commission won the Spirit Award at the annual Youth Advisory Commission Summit. Report on the Community Visioning Workshops Deputy City Manager Leiper gave a report on the Community Visioning workshops held earlier in the week. He reported that citizens input as to strengths, weaknesses, opportunities and threats were similar to what the City Council had identified. Deputy City Manager Leiper reminded the City Council that the Library would close on March th 29th and re-open on April 12 due to re-modeling. Council Member Mahan recognized the members of Friends of Cedar Bayou who were in attendance. Page 15 of 15 Minutes of the Regular Meeting—March 27, 2008 ADJOURN Council Member Capetillo moved that the meeting be adjourned. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 8:41 p.m. ________________________________ Kelvin Knauf, Interim City Clerk