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2008 07 24 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 24, 2008 The City Council of the City of Baytown, Texas, met in regular session on July 24, 2008 at 6:30 P.M. in the Council Chamber of the City of Baytown with the following in attendance. Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member Terry Sain Council Member David McCartney Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert Leiper Deputy City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk 6:36 P.M. Mayor DonCarlos convened the July 24, 2008 regular meeting with a quorum present. Council Member McCartney led the pledge of Allegiance to the United States of America and Invocation. 1. MINUTES a. Minutes: July 10, 2008 - City Clerk. Motion was made by Council Member Sain, seconded by Council Member Caskey approving the minutes from the July 10, 2008 City Council Regular Meeting. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Citizens' Communication - Mr. Artie Presley. Page 2 of 27 Minutes of July 24, 2008 Mr. Artie Presley addressed the City Council to request an ethics investigation of Baytown’s City Manager. James Haarmeyer, 8102 Bayside, Baytown, Texas spoke. b. Citizens' Communication - Ms. Debbie Griffin. Ms. Debbie Griffin addressed the City Council on vandalism, litter and speed bumps in her subdivision. She would like to acknowledge the excellent response of the Street Maintenance Crew, discuss ideas on a vacant building at N. Main & I-10, Texas Avenue ideas and alcoholic beverages at City festivals. c. Citizens' Communication - Ms. Cindy Coker. Ms. Cindy Coker addressed the City Council about an update on the status of the proposed Barge Terminal to be built across from Roseland Park. Mitchell Pearce, 4704 Ripplecreek, Baytown, Texas spoke. d. Citizens' Communication - Pastor Gregory Griffin. Pastor Gregory Griffin addressed the City Council about the need to adopt an ordinance regarding youth attire in public. Tom Cottar, 1204 Mesquite, Baytown, Texas spoke. e. Citizens' Communication - Mr. Ken Williamson. Mr. Ken Williamson addressed the City Council to complain in reference to an alternate City Judge being one hour late for court. f. Citizens' Communication - Tim Elliott & Joe Kubik Mr. Tim Elliott was not in attendance and Mr. Joe Kubik addressed the City Council to enforce the no parking of vehicles in front yards as well as commercial vehicles parked on City streets. g. Recognition: Employees for Their Years of Service at the City of Baytown. City Manager Brumback recognized employees for their dedicated years of service to the City of Baytown: Greg Nunn with the Utilities Department for 20 Years of Service; Kevin Davis with the Police Department, Glenn Green with the Communications Department and Lionel Williams with Human Resources each with 10 Years of Service. Page 3 of 27 Minutes of July 24, 2008 h. June Employee of the Month City Manager Brumback recognized the June Employee of the Month, Ms. Shontele Williams, from the Parks & Recreation Department. She is out of town at a track meet with the youth track program. The formal presentation will be made at the next Council meeting. i. Recognition: New Police Officers. The City Council welcomed two new police officers to the city: Officers Juan Delacruz and Glenn Loyd. 3. PUBLIC HEARINGS a. 1st Public Hearing: North Main Annexation - Planning. Conducted the first public hearing on the annexation property along North Main Street from the Baytown Fairgrounds north to north of Wallisville, Harris County, Texas. The annexation then crosses N. Main to encompass the school property (Goose Creek Memorial High School). 7:16 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback summarized the agenda item. 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 June 30, 2008.The annexation is by petition of the property owners and facilitate Memorial High School coming into the city limits. There was no one signed up to speak. 7:18 P.M. Mayor DonCarlos closed the public hearing. b. 2nd Public Hearing: North Main Annexation - Planning. 7:18 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback summarized the agenda item. 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 June 30, 2008. The annexation is by petition of the property owners and facilitate Memorial High School coming into the city limits. There was no one signed up to speak. 7:18 P.M. Mayor DonCarlos closed the public hearing. Page 4 of 27 Minutes of July 24, 2008 c. Public Hearing: Comprehensive Plan Amendment - Planning. Conducted a public hearing regarding the amendments to the Baytown 2025 Comprehensive Plan. 7:21 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback and Planning Director Kelly Carpenter summarized the agenda item. These proposed amendments to the Baytown 2025 Comprehensive Plan text and future land use map is to reflect the following changed conditions: Council has adopted a vision statement after a public participation process that addresses land uses and entry corridors that need to be reflected on the Future Land Use map of the Baytown 2025 Comprehensive Plan. The Planning and Zoning Commission met on June 18, 2008 and voted unanimously to approve. Citizens signed up to speak: Mitchell Pearce, 4704 Ripplecreek, Baytown, Texas. 7:34 P.M. Mayor DonCarlos closed the public hearing. d. Public Hearing: Amending Chapter 130 "Zoning" - Planning. Conducted a public hearing regarding amending Chapter 130 “Zoning”, by repealing Article VI “District Regulations”, Division 1 “General”, Section 130-416 “Location of LI and HI districts”; by adding Division 5 “Light Industrial District”, by amending Section 130-505 by adding new allowed uses in LI; Section 130-506 “Property Development Standards”(5), "Location", (6) "Heavy Equipment Storage", (7) "Site Plan"; Division 6 “HI Heavy Industrial District”, (6) "location" Section 130-508 “Permitted Uses”, and Section 130-572“Supplementary Use Standards” of the City of Baytown Code of Ordinances. 7:34 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback and Planning Director Kelly Carpenter summarized the agenda item. This proposed amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, is to provide for LI uses, to provide for such uses to be adjacent to existing single family dwelling units, UN and NC districts, to establish property development standards for loading docks, metal buildings and facades of buildings visible from arterial and collector streets, and for screening, and to modify the buffer zone requirements in an LI district. The Planning and Zoning Commission met on June 18, 2008 and recommended approval. Citizens signed up to speak: Bill Smith, 802 Maplewood, Baytown, Texas. 7:40 P.M. Mayor DonCarlos closed the public hearing. Page 5 of 27 Minutes of July 24, 2008 e. Public Hearing: Zoning Amendment for property located on Highway 146 between Texas Avenue and J. B. LeFevre - Planning. Conducted a public hearing regarding the application of the City of Baytown to amend the official zoning map of the City of Baytown concerning certain tracts of land located on located on Highway 146 between Texas Avenue and J. B. LeFevre property legally described as TRS 1B-2 & 1B-3B, TRS 3H-2 & 10, TRS 3H-2A & 10A, TRS 1B-2A & B1-3A, TR 35, TR 34U, TR 34V, TR 34W-1, TRS 34W 34W-2 34W-3 & 34W-4, TR 34, TR 34J, Abstract 66, W. Scott Survey, Baytown, Harris County, Texas from MU to LI. 7:40 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback and Planning Director Kelly Carpenter summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located on Highway 146 between Texas Avenue and J. B. LeFevre property legally described as TRS 1B-2 & 1B-3B, TRS 3H-2 & 10, TRS 3H-2A & 10A, TRS 1B-2A & B1-3A, TR 35, TR 34U, TR 34V, TR 34W-1, TRS 34W 34W-2 34W-3 & 34W-4, TR 34, TR 34J, Abstract 66, W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to a Light Industrial District. The City Council amended chapter 130 “Zoning” to include a light industry district in December 2007. At the time the text amendment was adopted, the council took no further actions to rezone lands in Baytown to the new LI category. Several areas of light industrial uses already exist and want to expand. If the Council adopts the new zoning category it will properly categorize and set standards for these LI uses at this location. The Planning and Zoning Commission met on June 18, 2008 and voted 4 to 1 to recommend the approval of the zoning amendment. Citizens signed up to speak: Richard Ferchack 3175 Hwy 146, Baytown, Texas. 7:44 P.M. Mayor DonCarlos closed the public hearing. f. Public Hearing: Zoning Amendment for property located on Highway 146 and Highway 99 near Lee Drive - Planning. Conducted a public hearing regarding the application of the City of Baytown to amend the official zoning map of the City of Baytown concerning certain tracts of land located on Highway 146 and Highway 99 near Lee Drive from MU to LI, legally described as TRS 27B 28 & 29B, TR 40, TRS 27A 28A & 29C, Abstract 840, H. Whiting Survey, and TR 8C, TRS 9A-1, 9D & 9F,TR 10, TR 9H, Part of Tracts 9C, TRS 10A 10B 12A 13A & 14A, TR 15A, TR 4, TR 16, TR 15, TR 14, TR 13, TR 12, TR 11, TR 9A-2, .125 U/D INT IN TR 3, Abstract 65, W. Scott Survey, Baytown, Harris County, Texas from MU to LI. 7:44 P.M. Mayor DonCarlos opened the public hearing. Page 6 of 27 Minutes of July 24, 2008 City Manager Brumback and Planning Director Kelly Carpenter summarized the agenda item. The proposed amendments to the official zoning map of the City of Baytown concerning certain tracts of land located on Highway 146 and Highway 99 near Lee Drive from Mixed Use to a Light Industrial District. The City Council amended chapter 130 “Zoning” to include a light industry district in December 2007. At the time the text amendment was adopted, the Council took no further actions to rezone lands in Baytown to the new LI category. Several areas of light industrial uses already exist and want to expand. If the Council adopts the new zoning category it will properly categorize and set standards for these LI uses at this location. The Planning and Zoning Commission met on July 16, 2008 and voted unanimously to recommend the approval of the zoning amendment. Citizens signed up to speak included: Jim Kubik, 1102 Hwy 146, Steve Pitrucho, 1306 S Hwy 146, Gay Mitchum, 4618 W Hwy 146 did not speak. 8:01 P.M. Mayor DonCarlos closed the public hearing. g. Public Hearing: Zoning Amendment for 127 acre located east of Highway 146 north of FM 1405 - Planning. Conducted a public hearing regarding the application of the City Manager to amend the official zoning map of the City of Baytown concerning certain tracts of land located east of Highway 146 north of FM 1405, a 127.6412 acre of land in the Jacob 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 wide strip of land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain 25 feet wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas from Neighborhood Conservation to Light Industrial (34.8246 acres) and Heavy Industrial (92.8172 acres). 8:01 P.M. Mayor DonCarlos opened the public hearing. City Manager Brumback and Planning Director Kelly Carpenter summarized the agenda item. Citizens signed up to speak included: Doyle Touag, 819 Heathcleft and Mitchell Pearce, 4704 Ripplecreek, Baytown, Texas. 8:20 P.M. Mayor DonCarlos closed the public hearing. Page 7 of 27 Minutes of July 24, 2008 4. PROPOSED ORDINANCES a. Ordinance 10,923: Approval of the TIRZ Project Plan and Financing Plan Administration. The Reinvestment Zone Number One, City of Baytown, was created by City Council on August 1, 2001 and enlarged on November 20, 1991 and January 22, 2004. The original Project Plan and Financing Plan were adopted by City Council on December 13, 2001. With the County's recent agreement to participate in the Zone, the removal of mall project costs and addition of the John Martin project, it is necessary to update and amend the Zone Project Plan and Financing Plan. Our TIRZ Consultant has changed the Plan to reflect the current and proposed boundaries and projects of the Zone. The Redevelopment Authority Board and the TIRZ Board approved the amended Plan. Harris County Commissioners Court is scheduled to approve the revised Plan on July 22, 2008. The adoption of the amended Plan does not obligate the construction of any project or the reimbursement of any project costs. It serves as a planning guide for the individual and independent developer agreements that are project and reimbursement specific. A memo from David Hawes is included in the packet outlining the changes and he will be in attendance at the meeting to answer any questions the Council may have. Former City Council Member Dr. Murray spoke. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,923. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE RESTATED AND FIRST AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLANS; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 27 Minutes of July 24, 2008 b. Ordinance 10,924/Contract: Change Order #1 for 2001 Street Bond Program - Phase IV (Kilgore & Bob Smith) - Engineering. Ordinance 10,924 approved Change Order No. 1 to the 2001 Street Bond Phase IV project in the amount of $99,765.00 to Angel Brothers Enterprises, Ltd. This change order includes the modification of grate inlets to throat type inlets along Kilgore Rd. to eliminate conflict with new sidewalk, installation of a 12" water valve, installation of a 15" arch pipe for culvert replacement, relocation of an 18" Ductile Iron pipe force main, relocation of a 16" Concrete Cylinder Pipe force main replacement, and a 6" flowstop to allow isolation of waterline connection. These changes are necessary due to field conditions being different than was shown in city records. No "as-built" drawings exit for the utilities along Kilgore Road so the engineer used the surface landmarks that were available. This was unavoidable unless the existing lines were all exposed during design. The original contract amount was $3,421,472.45, and the adjusted contract amount is $3,521,237.45. This project has a 240 calendar day schedule. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,924. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2001 STREET BOND PHASE IV PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY-NINE THOUSAND SEVEN HUNDRED SIXTY-FIVE AND NO/100 ($99,765.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 10,925/Contract: Annual Cleanup and Mowing Contract #038-08 rebid - Health Department. Ordinance 10,925 rejected all bids for the annual cleanup and mowing contract for the Health Department opened May 22, 2008, and award rebid of the annual cleanup and mowing contract Page 9 of 27 Minutes of July 24, 2008 for a total amount of $150,000.00 to McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc. Invitations to bid were originally sent to sixteen mowing companies and two bids were received, one of which did not qualify for all items as required. The bid required three contractors to perform mowing services. The responses received from the first bid were not satisfactory. Due to the sporadic nature and enormous work orders necessary to be processed during peak season, more than one contractor is required to perform services. In order to entice more mowing contractors, it was necessary to re-bid the contract and raise the fixed rates, reduce the contractors to two, and include disposal reimbursement for larger needed cleanups under the contract. The re-bid was sent to ten mowing companies and we received three responses and two no-bids. This contract is used by the Health Department for vacant lot mowing and illegal dumpsite cleanup. The current contractor Affordable Lawn Pros has had the contract for the last three years and on numerous occasions performed poorly. The Health Department has been unable to contact the company and received no response to emails or phones calls on several occasions. The burden has been upon the Health Department to continually reprimand the company to perform appropriately. The availability of contractors to perform this type service has been lean throughout the years, however, the Health Department is now encouraged by the larger mowers that have accepted the rates and terms and conditions of the City’s Cleanup and Mowing Contract. Both contractors have been interviewed and fully aware of the expectations to fulfill this contract. The amount of award is an estimated amount and allows for renewals with future consumer price index increases. In addition, the larger awarded amount allows for flexibility in the program as far as increasing the mowing program in the future for beautification of the City if necessary. The rates have doubled compared to three years ago due to the high cost of fuel. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,925. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE ANNUAL CLEANUP AND MOWING CONTRACT OPENED MAY 22, 2008; ACCEPTING THE BID OF MCLEMORE BUILDING MAINTENANCE, INC., AND THE BID OF NIEDERHOFER ENTERPRISES, INC., FOR THE CLEANUP AND MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY Page 10 of 27 Minutes of July 24, 2008 THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 10,926: Amending the Baytown 2025 Comprehensive Plan - Planning. Amended the Baytown 2025 Comprehensive Plan. Ordinance No. 10,926 amended the Baytown 2025 Comprehensive Plan text and future land use map. The Baytown 2025 Comprehensive Plan requires amendments to reflect the following changed conditions: Council has adopted a vision statement after a public participation process that addresses land uses and entry corridors that need to be reflected on the Future Land Use map of the Baytown 2025 Comprehensive Plan. The Planning and Zoning Commission met on June 18, 2008 and voted unanimously to recommend approval. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10, 926. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING AMENDMENTS TO THE BAYTOWN 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance 10,927: Amending Chapter 130 "Zoning" - Planning. Ordinance 10,927 amended Chapter 130 “Zoning”, by repealing Article VI “District regulations”, Division 1 “General”, Section 130-416 “Location of LI and HI districts”; by amending Division 5 “Light Industrial District”, Section 130-505 by adding new allowed uses in LI; by amending Section 130-506 “Property Development Standards” by adding Subsections (5) "Location," (6) "Heavy Equipment Storage," and (7) "Site Plan"; amending Division 6 “HI Heavy Industrial District”, Section 130-509 "Property development standards by adding Page 11 of 27 Minutes of July 24, 2008 Subsection (6) "Location"; and amending Section 130-572 “Supplementary Use Standards” of the City of Baytown Code of Ordinances. This amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, is to provide for LI uses, to provide for such uses to be adjacent to existing single family dwelling units, UN and NC districts, to establish property development standards for loading docks, metal buildings and facades of buildings visible from arterial and collector streets, and for screening, and to modify the buffer zone requirements in an LI district. The Planning and Zoning Commission met on June 18, 2008 and recommended approval. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,927. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 130 “ZONING,” ARTICLE IV “DISTRICT REGULATIONS,” DIVISION 1 “GENERALLY,” SECTION 130-416 “LOCATION OF LI AND HI DISTRICTS,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 130 “ZONING,” ARTICLE IV “DISTRICT REGULATIONS,” DIVISION 5 “LI LIGHT INDUSTRIAL DISTRICT,” SECTION130-505 “PERMITTED USES”; AMENDING CHAPTER 130 “ZONING,” ARTICLE IV “DISTRICT REGULATIONS,” DIVISION 5 “LI LIGHT INDUSTRIAL DISTRICT,” SECTION 130-506 “PROPERTY DEVELOPMENT STANDARDS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTIONS (5) “LOCATION,” (6) “HEAVY EQUIPMENT STORAGE,” AND (7) “SITE PLAN”; AMENDING CHAPTER 130 “ZONING,” ARTICLE IV “DISTRICT REGULATIONS,” DIVISION 6 “HI HEAVY INDUSTRIAL DISTRICT,” SECTION 130-509 “PROPERTY DEVELOPMENT STANDARDS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTION (6) “LOCATION”; AMENDING CHAPTER 130 “ZONING,” ARTICLE IV “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 2 “USES,” SECTION 130-572 “SUPPLEMENTARY USE STANDARDS,” SUBSECTION (10) “LIGHT INDUSTRY” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO Page 12 of 27 Minutes of July 24, 2008 THOUSAND AND NO/100 DOLLARS ($2000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. f. Ordinance 10, 928: Zoning Amendment for certain tracts of land located on Highway 146 between Texas Avenue and J. B. LeFevre - Planning. Ordinance 10,928 amended the official zoning map of the City of Baytown concerning certain tracts of land located on Highway 146 between Texas Avenue and J. B. LeFevre property legally described as TRS 1B-2 & 1B-3B, TRS 3H-2 & 10, TRS 3H-2A & 10A, TRS 1B-2A & B1-3A, TR 35, TR 34U, TR 34V, TR 34W-1, TRS 34W 34W-2 34W-3 & 34W-4, TR 34, TR 34J, Abstract 66, W. Scott Survey, Baytown, Harris County, Texas, from Mixed Use to Light Industrial. The amendments to the official zoning map of the City of Baytown concerning certain tracts of land located Highway 146 between Texas Avenue and J.B. LeFevre from Mixed Use to Light Industrial District. The City Council amended chapter 130 “Zoning” to include a light industry category in December 2007. At the time the text amendment was adopted, the council took no further actions to rezone lands in Baytown to the new LI category. Several areas of light industrial uses already exist in the city and want to expand in order to remain in Baytown. The amended LI zoning category will allow the city to properly categorize these and set standards for light industrial development. The Planning and Zoning Commission met on June 18, 2008 and voted 5 to 1 to recommend approval of the zoning amendment reclassifying subject property from Mixed Use to Light Industrial. Jim Kubik, 11025 Bush Highway 146, Baytown, Texas, spoke. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,928. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO RECLASSIFY CERTAIN TRACTS OF LAND LOCATED ON HIGHWAY 146 BETWEEN TEXAS AVENUE AND J.B. LEFEVRE LEGALLY DESCRIBED AS TRS 1B-2 & 1B-3B, TR 34W-1, TRS 34W, 34W- Page 13 of 27 Minutes of July 24, 2008 2, 34W-3, AND 34W-4, TR 34, TR 34J5, ABSTRACT 66, W. SCOTT SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, FROM MIXED USE TO LIGHT INDUSTRIAL; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Ordinance 10,929: Zoning Amendment for property located on Highway 146 and Highway 99 near Lee Drive – Planning. Ordinance 10,929 amended the official zoning map of the City of Baytown concerning certain tracts of land located on Highway 146 and Highway 99 near Lee Drive, legally described as TRS 27B 28 & 29B, TR 40, TRS 27A 28A & 29C, Abstract 840, H. Whiting Survey, and TR 8C, TRS 9A-1, 9D & 9F,TR 10, TR 9H, Part of Tracts 9C, TRS 10A 10B 12A 13A & 14A, TR 15A, TR 4, TR 16, TR 15, TR 14, TR 13, TR 12, TR 11, TR 9A-2, .125 U/D INT IN TR 3, Abstract 65, W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industry. The amendments to the official zoning map of the City of Baytown concerning certain tracts of land located on Highway 146 and Highway 99 near Lee Drive from Mixed Use to a Light Industrial District. The City Council amended chapter 130 “Zoning” to include a light industry district in December 2007. At the time the text amendment was adopted, the Council took no further actions to rezone lands in Baytown to the new LI zoning district category. Several areas of light industrial uses already exist and want to expand. If the Council adopts the new zoning district category it will properly categorize and set standards for these LI uses at this location. The Planning and Zoning Commission met on July 16, 2008 and voted unanimously to recommend the approval of the zoning amendment. Jim Kubik, 11025 Bush Highway 146, Baytown, Texas, spoke. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,929. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO RECLASSIFY CERTAIN TRACKS OF LAND LOCATED ON Page 14 of 27 Minutes of July 24, 2008 HIGHWAY 146 AND HIGHWAY 99 NEAR LEE DRIVE LEGALLY DESCRIBED AS TR40, TRS 27A, 28A& 29C, ABSTRACT 840, H. WHITING SURVEY, AND TR 8C, TRS 9A-1, 9D & 9F TR 10, TR 9H, PART OF TRACTS 9C, TRS 10A, 10B, 12A, 13A, AND 14A, TR 15A, TR 4, TR 16, TR 15, TR 14, TR 13, TR 12, TR 11, TR 9A-2, .125 U/D INT IN TR 3, ABSTRACT 65, W. SCOTT SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, FROM MIXED USE TO LIGHT INDUSTRIAL; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. h. Ordinance 10,930: Zoning Amendment for 127 acres located east of Highway 146 north of FM 1405 - Planning. Ordinance 10,920 amended the official zoning map of the City of Baytown concerning certain tracts of land located east of Highway 146 north of FM 1405, a 127.6412 acre of land in the Jacob 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 wide strip of land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain 25 feet wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas from Neighborhood Conservation to Light Industrial ( 34.8246 acres) and Heavy Industrial ( 92.8172 acres). The City Council amended chapter 130 “Zoning” to include a light industry district in December, 2007. At the time the text amendment was adopted, the Council took no further actions to rezone lands in Baytown to the new LI category. These parcels were recently annexed by the City of Baytown and came into the City with the default zoning of NC. The owner proposes to take advantage of the Southern Pacific Railroad for HI uses while utilizing the western section and the large electrical easements for LI purposes. If the Council adopts the new zoning category it will properly categorize and set standards for these LI uses at this location. The Planning and Zoning Commission met on June 18, 2008 and voted 3 to 2 to recommend the approval of the zoning amendment. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 10,930. The vote was as follows: Page 15 of 27 Minutes of July 24, 2008 Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO RECLASSIFY CERTAIN TRACTS OF LAND LOCATED EAST OF HIGHWAY 146 NORTH OF FM 1405, A 127.6412 ACRE OF LAND IN THE JACOB 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 ARCRES (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 FOOT WIDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF THE DEED RECORDED AT CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25 FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS, AND PART OF THAT CERTAIN 50-FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, FROM NEIGHBORHOOD CONSERVATION TO LIGHT INDUSTRIAL; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Resolution 1940: Revise notice requirement for citizens addressing Council on an agenda item not on the agenda - City Council. Resolution 1940 changing the minimum number of hours required for a citizen to submit a request to appear before Council on an item not on the agenda. The current Council policy requires 80 hours prior notice by a citizen. Staff recommends that this Page 16 of 27 Minutes of July 24, 2008 be changed to 170 hours so that requests to appear on "Citizen Communications" must be submitted to the City Clerk's office by 4:30 pm on the Thursday before "regular" meeting dates. The use of "hours" allows this policy to apply to meetings held on alternate dates and special meetings. This action does not affect the ability of a citizen to sign up immediately prior to a Council meeting for an item listed on that agenda for discussion or action. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Resolution 1940. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. RESOLUTION 1940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ARTICLE 6 “ORDER OF BUSINESS,” SECTION 6.2, SUBSECTION (E) (III) OF RESOLUTION NO. 1906 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON DECEMBER 13, 2007, TO EXCLUDE CITIZENS COMMUNICATIONS FROM THOSE MATTERS ON WHICH A PERSON DESIRING TO SPEAK TO COUNCIL MAY REGISTER IN THE HALLWAY BEFORE A COUNCIL MEETING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. 2007 Consumer Confidence Report - Public Works. Received the City of Baytown 2007 Consumer Confidence Report. b. Report on Keep Baytown Beautiful / Keep Texas Beautiful Awards. Director of Health Mike Lester presented the following awards: Gold Star Affiliate Certificate - Keep Texas Beautiful Citation of Merit for Governor's Community Service Award - Keep Texas Beautiful 2nd Place - Keep Texas Beautiful - Government Award 3rd Place - Keep Texas Beautiful - Media Award for the Baytown Sun 7. DISCUSSIONS a. Received Crime Control and Prevention District 2008-09 Fiscal Year Budget - Administration. Page 17 of 27 Minutes of July 24, 2008 Received the 2008-09 Fiscal Year Budget of the Baytown Crime Control and Prevention District. b. Received City Manager's Proposed Budget for Fiscal Year 2008-09 - Administration. Receive the City Manager's proposed budget and budget message for fiscal year 2008-09. c. Ordinance 10,931: Set Public Hearing for the 2008-09 Budget - Administration. Ordinance 10,931 setting the time, date and place for the Public Hearing on the Proposed 2008- 09 City of Baytown Budget. Council Member Capetillo made a motion, seconded by Council Member Caskey approving Ordinance 10,931 setting the date as August 28, 2008 City Council regular meeting. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. ORDINANCE 10,931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2008-2009 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. CONSENT Council Member Sheley made a motion, seconded by Council Member Sain approving Consent Items 8.a, 8.b, 8.c., 8.d., 8.e., 8.f., 8.g., 8.h. and 8.i. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. a. Ordinance 10,932: Speed Limits - Administration. Ordinance 10,932 amended Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated," Schedule V “Designation—Speed Limit Zones” of the Code of Ordinances, City of Baytown, Texas, to establish the maximum prima facie speed for (i) State Highway 146 from the Chambers/Harris County boundary line to the Page 18 of 27 Minutes of July 24, 2008 northern interchange of Business 146, (ii) State Highway 146 from the northern interchange of Business 146 to the southern limits of the City of Baytown, (iii) the frontage road of State Highway 146 from 1753 feet north of business 146 to Business 146, (iv) the frontage road of State Highway 146 from Business 146 to U-turn of railroad, (v) the frontage road of State Highway 146 from U-turn of railroad to intersection of Lynchburg Road, and (vi) the frontage road of State Highway 146 from 808 feet north of W. Main Street to the southern limits of the City of Baytown. Street Prima Facie Speed Limit State Highway 146 from the Chambers/Harris County boundary line to the northern 55 miles per hour interchange of Business 146 State Highway 146 from the northern interchange of Business 146 to the southern 60 miles per hour limits of the City of Baytown Frontage Road of State Highway 146 from 1753 feet north of business 146 to Business 35 miles per hour 146 Frontage Road of State Highway 146 from 45 miles per hour Business 146 to U-turn of railroad Frontage Road of State Highway 146 from U-turn of railroad to intersection of Lynchburg 45 miles per hour Road Frontage Road of State Highway 146 from 808 feet north of W. Main Street to the 45 miles per hour southern limits of the City of Baytown The Texas Department of Transportation (TxDOT) completed an Engineering and Traffic Investigation concerning the posted speed along the main lanes and the frontage roads of State Highway 146 and recommends establishing the above-referenced speed limits. While City Council may order a traffic study and provide those findings to TxDOT to establish the speed limit at different rates, it may not establish a speed limit of more than 60 miles per hour or a speed limit which is greater than is reasonable and prudent under the circumstances. Although the ordinance re-establishes all of the speed limits for Highway 146, the only proposed changes are the second and third frontage road sections listed above. TxDOT recommends that the speed limits be lowered from 50 mph to 45 mph. ORDINANCE 10,932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE V “DESIGNATION – SPEED LIMIT ZONES” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS TO Page 19 of 27 Minutes of July 24, 2008 ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMITS FOR (I) STATE HIGHWAY 146 FROM THE CHAMBERS/HARRIS COUNTY BOUNDARY LINE TO THE NORTHERN INTERCHANGE OF BUSINESS 146, (II) STATE HIGHWAY 146 FROM THE NORTHERN INTERCHANGE OF BUSINESS 146 TO THE SOUTHERN LIMITS OF THE CITY OF BAYTOWN, (III) THE FRONTAGE ROAD OF STATE HIGHWAY 146 FROM 1753 FEET NORTH OF BUSINESS 146 TO BUSINESS 146, (IV) THE FRONTAGE ROAD OF STATE HIGHWAY 146 FROM BUSINESS 146 TO UTURN OF RAILROAD, (V) THE FRONTAGE ROAD OF STATE HIGHWAY 146 FROM U-TURN OF RAILROAD TO INTERSECTION OF LYNCHBURG ROAD, AND (VI) THE FRONTAGE ROAD OF STATE HIGHWAY 146 FROM 808 FEET NORTH OF W. MAIN STREET TO THE SOUTHERN LIMIITS OF THE CITY OF BAYTOWN; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Ordinance 10,933/Contract: Construction Contract for the Garth Road and Independence Blvd Signalization Project - Engineering. Ordinance 10,933 awarded a construction contract in the amount of $139,740.00 to Pfeiffer and Son, Ltd., for the Garth Road and Independence Blvd Signalization Project. The scope of work for the project is to install a complete signalized intersection system at the intersection of Garth Road and Independence Blvd. Three bids were received at the bid opening on July 3, 2008 at 11:00 a.m. in the Council Chambers. The bid tab and letter of recommendation from the engineer are attached. The construction duration is 150 calendar days. This project is funded through a TIRZ agreement with the MDD and the developer of the Kohl's property. Each of these entities will be reimbursed for their contributions from future TIRZ increment. ORDINANCE 10,933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PFEIFFER AND SON, LTD., FOR THE GARTH ROAD AND INDEPENDENCE BLVD SIGNALIZATION PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED THRITY-NINE THOUSAND SEVEN HUNDRED FORTY AD NO/100 DOLLARS ($13,740.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 10,934/Contract Amendment: Midtown Engineering, LLC. - Engineering. Page 20 of 27 Minutes of July 24, 2008 Ordinance 10,934 amended the contract with Midtown Engineering, LLC. For the Texas Avenue Streetscape - Phase I Project adding environmental studies, final design, bidding and construction services. Ordinance 10,934 authorized a contract amendment to Texas Avenue Streetscape - Phase I Project in an amount not to exceed $217,574, increasing the total not to exceed amount to $263,738. This includes $21,190 for environmental investigation and reports, $138,534 for project design including landscape architecture, surveying, electrical design, and TxDOT required geo-technical investigations. After TxDOT approval, the consultant team will provide bidding and construction services in an amount not to exceed $57,850. The consideration of this contract amendment was delayed as staff and the consultant worked to reduce the design/engineering costs of the project. The result of that work was a 10% reduction in soft costs. The consultant team is to have 50% plans for review by the City and TxDOT within 150 days. Due to TxDOT review times the project may not be ready for bidding for up to one and a half years. The final completion will depend on actual TxDOT review times. ORDINANCE 10,934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE TEXAS AVENUE STREETSCAPE – PHASE I PROJECT WITH MIDTOWN ENGINEERING, LLC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($217,574.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 10,935/Contract: 1st Renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract #048-08 - Public Works. Ordinance 10,935 awarded the first renewal of the installation and repair of traffic signal equipment contract to Southwest Signal Supply, Inc., in the amount of $133,600. Southwest Signal submitted a request to renew the contract for another term for the same pricing, terms and conditions. The majority of services will be for new installation, trouble shooting, minor and major repairs which can not be performed in-house, preventative maintenance, rebuilding of traffic signals, and emergency repairs. Southwest Signal continues to maintain excellent service. Page 21 of 27 Minutes of July 24, 2008 ORDINANCE 10,935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance 10,936: Final Payment Acceptance of Needlepoint Elevated Water Tower Project - Engineering. Ordinance 10,936 accepted the Needlepoint Elevated Water Tower Project and authorizes final payment in the amount of $89,110.00 to CB&I Constructors, Inc. (CB&I). The original contract was awarded to CB&I for $1,782,200.00 with a contract duration of 365 days. The scope of work included the construction of a one million gallon composite elevated water storage tank including all associated site work, controls, structural, piping, and mechanical/electrical components. The project was completed in the allotted time and the contractor finished the project with satisfactory workmanship. ORDINANCE 10,936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NEEDLEPOINT ELEVATED WATER TOWER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY- NINE THOUSAND ONE HUNDRED TEN AND NO/100 ($89,110.00) TO CB&I CONSTRUCTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Advertisement of the North Main - South of I-10 Waterline Extension Project - Engineering. Approved plans and specifications and authorized advertisement to take bids for the North Main - South of I-10 Waterline Extension Project. The scope of work includes extending a 12" diameter water main south approximately 3900 feet on the west side of North Main from I-10 to serve the proposed Second Baptist Church site. The total estimated construction cost for this project is $200,000 and the construction duration is 60 calendar days. This project is funded through joint agreements with the church and the MDD. g. Ordinance 10,937: Installation of Stop Signs - Public Works. Ordinance 10,937 for City Council to approve the installation of four-way stop signs at Boxwood Dr. at Crabapple Dr. and four-way stop signs at Boxwood Dr. at Mossy Oak Dr. Ordinance 10,937 authorized the City to install stop signs on Boxwood Dr. A traffic study was conducted by C. J. Hensch and Associates, Inc. which confirmed the need for stop signs, Page 22 of 27 Minutes of July 24, 2008 although the consultant recommended that the stop signs be installed on the cross streets rather than the thoroughfare. In order to achieve more effective traffic calming, the staff recommendation is to make both of these intersections four-way stops. On July 16, 2008, the Planning and Zoning Commission recommended that City Council consider the installation of two stop signs at Boxwood Dr. at Crabapple Dr. and two stop signs at Boxwood Dr. at Mossy Oak Dr. It staff's recommendation that the ordinance be approved designating these intersections as four-way stops. This will meet the traffic consultant's recommendation and add the traffic calming component. ORDINANCE 10,937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE VIII “DESIGNATION – STOP AND YIELD INTERSECTIONS” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF FOUR- WAY STOP SIGNS AT THE INTERSECTION OF BOXWOOD DRIVE AND CRABAPPLE DRIVE AND THE INSTALLATION OF FOUR-WAY STOP SIGNS AT THE INTERSECTION OF BOXWOOD DRIVE AND MOSSY OAK DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. h. Ordinance 10,938: Repetitive Flood Property Buyout Federal Grant – Emergency Management. Ordinance 10,938 authorized the City Manager to execute real estate purchase contracts on any or all of the 17 listed properties subject to FEMA Project # 1606-067 in conformance with the approved Hazard Mitigation Grant Program for federally determined repetitive flood loss properties. On May 11, 2007 Mayor Mundinger received notice from the Texas Governor’s Division of Emergency Management that Baytown had been awarded a $1,401,877 grant under the Federal Hazard Mitigation Grant Program. The purpose of this grant was to fund 75% of the purchase of up to 17 specific properties in Baytown that had experienced repeated flooding losses paid by the FEMA National Flood Insurance Program. We have until May 02, 2009 to complete all phases of this Grant. Staff has been working cooperatively with the property owners through the paperwork and process requirements of this federal program over the past 13 months and has five owners who have expressed interest in selling their property. Two others are tax delinquent and may be available to be purchased for back taxes or for some value as determined by a court of competent jurisdiction. Page 23 of 27 Minutes of July 24, 2008 Federal regulations require that the properties be purchased based upon the value as established by adjudication or by a neutral certified real estate appraiser. The owner may dispute the city’s contracted appraisal by contracting their own appraiser and negotiating the values between those two appraisals. The City has received five completed real estate appraisals for the five properties and submitted those to each of the respective owners for their consideration. One has already agreed to sell for the appraisal amount and wishes to sell immediately. A second is seeking their own appraisal with the stated intent to sell under this Grant. Once purchased, the structures will be demolished and the land dedicated as permanent green space in perpetuity. The owners’ participation in this process is absolutely voluntary: they have the right not to participate at all and have the unilateral right to withdraw from participation at any time up to execution of a purchase agreement with no penalty or cost. Federal regulations prohibit any type of involuntary sales or condemnation process under the terms of this Grant. The owners have been repeatedly advised of this and all of the grant requirements and processes throughout this period of time as required. ORDINANCE 10,938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE PURCHASE CONTRACTS ON ANY OR ALL OF THE 17 PROPERTIES SUBJECT TO FEMA PROJECT # 1606-067 IN CONFORMANCE WITH THE APPROVED HAZARD MITIGATION GRANT PROGRAM FOR FEDERALLY DETERMINED REPETITIVE FLOOD LOSS PROPERTIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance 10,939/Contract: Annual Ready-Mix Concrete Contract, #051-08. Ordinance 10,939 awarded the annual ready-mix concrete contract in the amount of $125,000.00 to Best Sand & Redi Mix, Inc. Invitations to bid were sent to five suppliers and two responses were received. This contract is used by the Public Works and Parks and Recreation Departments for various construction projects, i.e., streets and drainage repair, new projects, rehab projects, etc. ORDINANCE 10,939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BEST SAND & REDI MIX, INC., FOR THE ANNUAL READY-MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 Page 24 of 27 Minutes of July 24, 2008 ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Baytown Industrial Appraisal Review Board (3). Considered appointments to the Baytown Industrial Appraisal Review Board. Council annually appoints the members of the Baytown Industrial Appraisal Review Board. Members Ronn Haddox and David A. Sherron have agreed to serve if reappointed by Council. Member Joe Muller does not desire to be reappointed at this time. Council Member Sheley made a motion, seconded by Council Member Capetillo reappointing Ronn Haddox and David Sherron, and appointing Richard “Chet” Theiss. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. b. Confirmation: City Manager's appointment of an Assistant City Manager. Confirmed the City Manager's appointment of an Assistant City Manager. The City Charter requires that the City Council confirm the appointment of department heads by the City Manager. Mr. Kevin Troller has extensive financial and leadership experience. He has a demonstrated record of outstanding performance at every level of the military. Mr. Troller's resume was provided. Council Member Caskey made a motion, seconded by Council Member Capetillo confirming Mr. Kevin Troller as the Assistant City Manager. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney and Mayor DonCarlos. Nayes: None Council Member Sheley had stepped away from the dais. The motion carried. 10. 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 Page 25 of 27 Minutes of July 24, 2008 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. a. Executive Session - Gas and Electric Utility Proceedings 9:46 P.M. Mayor DonCarlos recessed the City Council into Executive Session and conducted an Executive Session pursuant to Government Code, Section 551.071 to seek the advice of the City’s attorneys about the following: 1 GUD Docket No. 9791 (Consolidated) Before the Railroad Commission of Texas Statement of Intent filed by CenterPoint Energy Entex to increase rates in the unincorporated areas of the Texas Coast Division 2 PUC Docket No. 35620 Before the Public Utility Commission of Texas Application of CenterPoint Energy Houston Electric, LLC, for approval to implement advanced meter information network pursuant to PURA §39.107(i) 3 PUC Docket No. 32415 Before the Public Utility Commission of Texas Remand of Docket 22355 (Application of Reliant Energy for Approval of Unbundled Cost of Service Rate pursuant to PURA §39.201 and Public Utility Commission Substantive Rule §25.344). 10:05 P.M. Mayor DonCarlos reconvened the City Council into Regular Session . Mayor DonCarlos noted that no action had been taken in the Executive Session. APPEALS a. Appeal Hearing: 1800 N. Alexander Dr. Buildings 1, 3 & 5/Baytown Retail, LLC - Planning. 10:05 P.M. Mayor DonCarlos conducted an appeal hearing of Baytown Retail, LLC, of July 7, 2008 decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition of Buildings 1 & 5 and the repair of Building 3 located at 1800 N. Alexander Drive in Baytown, Texas. Conducted an appeal hearing of Baytown Retail, LLC, of July 7, 2008 decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition of Buildings 1 & 5 and the Page 26 of 27 Minutes of July 24, 2008 repair of Building 3 located at 1800 N. Alexander Drive in Baytown, Texas. The appeal of the Urban Rehabilitation Standards Review Board Orders was filed in the Office of the Baytown City Clerk on July 9, 2008. b. Appeal Decision: 1800 N. Alexander Dr.- Buildings 1, 3 & 5/Baytown Retail LLC Demolition Affirm or Reverse - Planning. Considered affirming, reversing or modifying the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of Buildings Nos. 1 and 5 and the repair of Building No. 3 located at 1800 N. Alexander Dr. in Baytown, Texas. (Baytown Retail, LLC, appeal). The consensus of the City Council was to recess this Appeal Decision: 1800 N. Alexander Dr. – Buildings 1, 3 & 5/Baytown Retail LLC Demolition until the City Council Meeting of August 28, 2008. c. Appeal Hearing: Commercial Building located at 221 West Texas Avenue, Baytown, Harris County, Texas - Planning. 11:15 P.M. Mayor DonCarlos conducted an appeal hearing of a commercial building located at 221 West Texas Avenue, Baytown, Harris County, Texas of the decision of July 7, 2008 of the Urban Rehabilitation Standards Review Board ordering the demolition of the identified commercial building. d. Appeal Decision: 221 West Texas Avenue, Baytown, Harris County, Texas Demolition Affirm or Reverse - Planning. Considered affirming, reversing or modifying the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the commercial building located at 221 West Texas Avenue, Baytown, Harris County, Texas. Council Member Sain made a motion, seconded by Council Member Capetillo affirming the Urban Rehabilitation Standards Review Board ordering the demolition of the commercial building located at 221 West Texas Avenue, Baytown, Harris County, Texas. Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney and Mayor DonCarlos. Nayes: Council Member Sheley. The motion carried. 12. ADJOURN Council Member Sain made a motion, seconded by Council Member Capetillo adjourning the City Council Meeting. The vote was as follows: Page 27 of 27 Minutes of July 24, 2008 Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None The motion carried. The City Council Meeting adjourned at 11:30 P.M. __________________________________________ Kaythie Darnell, City Clerk