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2009 02 12 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 12, 2009 The City Council of the City of Baytown, Texas met in a Regular Meeting on February 12, 2009, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas 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 Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk Pledge of Allegiance, Texas Pledge and Invocation led by Council Member Yepez. 6:30 P.M. Mayor DonCarlos convened the February 12, 2009, Regular Meeting with a quorum present. 1. MINUTES a. Considered approval of the minutes from the Regular Meeting on January 22,2009. Motion was made by Council Member Sain, seconded by Council Member Caskey approving the minutes from the January 22, 2009, Regular City Council Meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes:None. The motion carried. Page 2 of 17 Minutes of the February 12, 2009 City Council Regular Meeting 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Recognition: Peter Buenz and His Years of Service with Baytown Area Water Authority—City Manager. Recognize and award Mr. Peter Buenz for dedicated service to the Baytown Area Water Authority and the City of Baytown. As a long term board member and current President of the Baytown Area Water Authority, Peter Buenz' commitment to continuously improving the quality of life for Baytown citizens has made him a leader in our community. From the ground breaking for the current BAWA facility, through the difficult process of installing two major transmission lines, Peter has continued to encourage the smart growth of Baytown's water system. Under his watch, BAWA continues to earn the designation of Superior Water System from the State of Texas. Serving on the board of the Harris - Galveston County Subsidence District from 1981-1991, Peter work diligently to mitigate coastal flooding caused by removal of ground water and hurricanes. I ask that you join me in recognizing his 34 years of excellent service to the residents of Baytown. We are not alone in recognizing Peter's contributions to our area. In December of last year, Peter Buenz was named a Distinguished Engineering Graduate of the University of Texas at Austin for his continued support and efforts in the field of chemical engineering. Recognition of item 2.a. will be on the February 26, 2009 agenda. b. Citizens' Communication—Mr. Artie Presley. Mr. Artie Presley addressed the City Council regarding honor and accountability inside City Hall and he requested that the Ethics Ordinance be provided to the public for review. Tom Kincaid, 4035 Wright Lane, Baytown, Gloria Bashrum, 8102 Bayside, Baytown, James Haarmeyer, 8102 Bayside, Baytown, Bette Efferson, 122 Gulls Cut, Baytown, Tammy Miller, 1205 N. Fifth, Baytown, Larry Evans, 1205 N. Fifth, Baytown, and Kathy Crowder, 1807 Clayton, Baytown, all registered to address the City Council regarding agenda item 2.b. and deferred their minutes to Angela Barton. Angela Barton, 12331 FM 2354, Harris County, registered to address the City Council regarding her perception of employment concerns when she was employed by the City of Baytown. c. Citizens' Communication—Teresa Hoffart. Ms. Teresa Hoffart addressed the City Council regarding support for King's Corner; a Christian based place for teens in Baytown. Page 3 of 17 Minutes of the February 12, 2009 City Council Regular Meeting Shanda Anthony, 2207 '/2 Cedar Bayou, Baytown, Joe Lugo, 1422 Bunk, Baytown, and Tammy Miller 1205 N. Fifth, Baytown, each registered to address the City Council regarding support for King's Corner. d. Citizens' Communication -Ms. Cindy Coker. Ms. Cindy Coker addressed the City Council regarding the Barge Terminal. e. Recognition/Report: The Economic Alliance Houston Port Region Annual Report—City Management. Received the Annual Report from the Economic Alliance Houston Port Region - presented by Jan Lawler. Comments were made by B. J. Simon, Director of Economic Development Foundation. 3. PUBLIC HEARINGS a. First Public Hearing on the Proposed Annexation of 56.8632 Acres of Park Land located East of Crosby Cedar Bayou, South of Interstate 10—Planning. City Manager Brumback presented the agenda item. The first public hearing regarding the proposed annexation of a 56.8632-acre tract of land in Christian Smith Survey, Abstract 69, Harris County, Texas as recorded in Volume 228, page 315 of the Records of Harris County, Texas maps. The purpose of this public hearing is so that any interested party may address the City Council on the proposal to annex a 56.8632-acre parcel owned by the City of Baytown and designated for park purposes that is adjacent to the existing Jenkins Park in the City of Baytown. 7:15 P.M. Mayor DonCarlos opened the public hearing. There were no citizens registered to speak. 7:16 P.M. Mayor DonCarlos closed the public hearing. b. Second Public Hearing on the Proposed Annexation of 56.8632 Acres of Park Land located East of Crosby Cedar Bayou, South of Interstate 10—Planning. City Manager Brumback presented the agenda item. The second public hearing regarding the proposed annexation of a 56.8632-acre tract of land in Christian Smith Survey,Abstract 69, Harris County, Texas as recorded in Volume 228,page 315 of the Records of Harris County, Texas maps. Page 4 of 17 Minutes of the February 12, 2009 City Council Regular Meeting The purpose of this public hearing is so that any interested party may address the City Council on the proposal to annex a 56.8632-acre parcel owned by the City of Baytown and designated for park purposes that is adjacent to the existing Jenkins Park in the City of Baytown. 7:16 P.M. Mayor DonCarlos opened the public hearing. There were no citizens registered to speak. 7:16 P.M. Mayor DonCarlos closed the public hearing. 4. PROPOSED ORDINANCES a. Considered an Ordinance Extending the Building Permit Fee Waiver for Reconstruction and Rehabilitation caused by Hurricane Ike -Planning. City Manager Brumback presented the agenda item. Ordinance 11,061 amended Ordinance 11,016 passed on the 25th day of November, 2008 to extend the temporary waiver of fees for structures that were damaged by Hurricane Ike from January 30, 2009 to April 1, 2009 and to provide a manner for further extensions not to extend beyond June 1, 2009. In efforts to combat the severe economic and social disruption caused by Hurricane Ike, the City Council of the City of Baytown waived certain permit fees until January 30, 2009. It is believed that continuing the limited wavier of permit fees will ensure that permits fees are not a deterrent for the proper repair of structures, encourage more rapid recovery efforts thus enhancing economic development, and protect the health, safety and welfare of the citizens of Baytown. Therefore, Ordinance 11,061 amended Ordinance 11,016 passed on the 25th day of November, 2008, to extend the temporary waiver of fees for structures that were damaged by Hurricane Ike from January 30, 2009, to April 1, 2009. Ordinance 11,061 also authorized the City Manager to extend the temporary waiver of fees beyond April 1, 2009, should such extension be necessary to accomplish the public purposes underlying the waiver of fees. The City Manager may, however, not extend such waiver beyond June 1, 2009. Since the City didn't budget permit fees for Ike, the City will not be affecting the budget by extending the temporary waiver of fees. Motion was made by Council Member McCartney, seconded by Council Member Sain approving Ordinance 11,061. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. Page 5 of 17 Minutes of the February 12, 2009 City Council Regular Meeting The motion carried. ORDNANCE 11,061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 11,016 PASSED ON THE 25TH DAY OF NOVEMBER, 2008, TO EXTEND THE TEMPORARY WAIVER OF FEES ADDRESSED THEREIN FOR STRUCTURES THAT WERE DAMAGED BY HURRICANE IKE FROM JANUARY 30, 2009, TO APRIL 1, 2009 AND TO PROVIDE A MANNER FOR FURTHER EXTENSIONS NOT TO EXTEND BEYOND JUNE 1, 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Contract for Promotion Service—NHRA Races—City Management. City Manager Brumback presented the agenda item. Considered an ordinance authorizing an Agreement for Promotional and Tourist Services related to the O'Reilly Spring Nationals at Houston Raceway Park. The Baytown Chamber of Commerce, in conjunction with Houston Raceway Park and the NHRA are planning to sponsor the Hot Rod Rally on the Wednesday evening prior to the 2009 O'Reilly Spring Nationals, March 27 - 29. In 2008, the City Council authorized a $50,000 agreement with the Baytown Chamber of Commerce for tourism-related services in conjunction with the 20th Anniversary of Houston Raceway Park in Baytown and the 1st Annual Hot Rod Rally. The Chamber of Commerce has requested a contract for up to $50,000 for Baytown Promotional Services related to the Hot Rod Rally in particular and the Spring Nationals in general to generate additional visitors and to lengthen their stay in Baytown. The 2009 proposed agreement is attached for your reference. Motion was made by Council Member Caskey, seconded by Council Member Capetillo tabling agenda item 4.b. until the February 26, 2009 City Council meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Page 6 of 17 Minutes of the February 12, 2009 City Council Regular Meeting c. Property and Easement Acquisition for the Gulf Coast Lift Station and Goose Creek Trunkline Project—Engineering. City Manager Brumback presented the agenda item. Ordinance 11,062 authorized the purchase of property for the Gulf Coast Lift Station site as well as the purchase of utility and construction easements related to the Gulf Coast Lift Station Project and Goose Creek Trunkline Project. Ordinance 11,062 authorized the purchase of: 1. Property for the Gulf Coast Lift Station site, 2. Utility easements related to the Gulf Coast Lift Station Project and the Goose Creek Trunkline Project, and 3. Construction easements related to the Gulf Coast Lift Station Project and the Goose Creek Trunkline Project from San Jacinto Rehabilitation, Inc. for $120,000.00. City staff has been working with the property owners, their attorneys and appraisers to determine the market value for this property and easements. This acquisition and some additional pending easements from other property owners are necessary for both of these utility projects to move forward. Motion was made by Council Member Sain, seconded by Council Member Capetillo approving Ordinance 11,062. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDNANCE 11,062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF (I) PROPERTY FOR THE GULF COAST LIFT STATION SITE, (II) UTILITY EASEMENT NEEDED FOR THE GULF COAST LIFT STATION PROJECT AND THE GOOSE CREEK TRUNKLINE PROJECT, AND (III) CONSTRUCTION EASEMENTS NEEDED FOR THE GULF COAST LIFT STATION PROJECT AND THE GOOSE CREEK TRUNKLINE PROJECT FROM SAN JACINTO REHABILITATION, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); MAKING Page 7 of 17 Minutes of the February 12, 2009 City Council Regular Meeting OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Authorized Expenditure Repairing the Art League Building Roof — Engineering. City Manager Brumback presented the agenda item. Considered an ordinance authorizing up to $50,000 from the Capital Replacement Fund for repairs to the Art League building roof at 110 West Texas. The roof on the City's building at 110 West Texas was damaged by Hurricane Ike. Due to the damage and existing conditions, we are better served to replace the entire roof than to make spot repairs. Staff and roofing consultants have reviewed the condition and have developed a repair plan that includes the following: Tear off the existing roof(s) Repair roof decking and insulation Replace Flashing (Wall and Parapet) Replace roof vents (whirlybirds),pipe vent boots Replace or add drainage outlets, as necessary Install a modified torch down granulated rubber roof(20 year warranty) The Parks, Public Works and Purchasing Departments are working together to finalize bids for this work. With Council approval of the expenditure the work order will be executed administratively. Motion was made by Council Member Sheley, seconded by Council Member Caskey tabling agenda item 4.d. until the February 26, 2009 City Council meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. e. Amended Ordinance 11,056 to move the polling location for Precinct 532 to Cedar Bayou Junior School—City Clerk. City Manager Brumback presented the agenda item. Considered a proposed ordinance amending Section 8 of Ordinance 11,056, passed on January 22, 2009, to move the polling location for Precinct 532 from Bowie Elementary to Cedar Bayou Junior School. Page 8 of 17 Minutes of the February 12, 2009 City Council Regular Meeting Precinct 532 has only 1081 registered voters with a polling location at Bowie Elementary. Bowie Elementary is only one mile from the polling location for Precinct 414—Cedar Bayou Junior School. As such, the election consultants for both the City and Goose Creek Consolidated Independent School District recommend combining Precinct Nos. 532 and 414, as the same would be of little impact to the voters. In the last city-wide municipal election, the following are the number of registered voters who exercised their right to vote in the two precincts: Mayor DonCarlos stated that agenda item 4.e. would not be considered. f. Joint Election Agreement with GCCISD—City Clerk. City Manager Brumback presented the agenda item. Ordinance 11,063 authorized a Joint Election with Goose Creek Consolidated Independent School District for the General Election to be held on May 9, 2009. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,063. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL AND ANY SPECIAL ELECTIONS TO BE HELD ON THE 9TH DAY OF MAY, 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Set the Date, Place and Time for Public Hearing: Initiative Ordinance, Amending Chapter 42—City Clerk. City Manager Brumback presented the agenda item. Ordinance 11,064 sat the date and place for a public hearing upon the proposed initiative ordinance, which amends Chapter 42 "Health and Sanitation", Article III "Smoking"; Page 9 of 17 Minutes of the February 12, 2009 City Council Regular Meeting adds to Section 42-96 "Definitions" the "Posting of Signs"; Subsection (g) requiring signs to be posted stating that smoking is allowed in this building. The date and place of the Public Hearing will be on Thursday, February 26, 2009, in the City Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas, during the Regular Meeting of the City Council, which starts at 6:30 P.M. Gloria Bashrum, 8102 Bayside, Baytown, registered to address the City Council on agenda item 4.g. and deferred her minutes to James Haarmeyer. James Haarmeyer, 8102 Bayside, Baytown, registered to address the City Council on agenda item 4.g. to challenge the language: "Whereas, on January 30, 2009, an initiative petition to reinstate the former smoking ordinance as filed with the City Clerk." Motion was made by Council Member Capetillo, seconded by Council Member Sheley approving Ordinance 11,064 with the Public Hearing Notice referencing "Stand-Alone Bars." The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED INITIATIVE ORDNANCE PERMITTING SMOKING IN CERTAIN STAND-ALONE BARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. City Council Ethics Ordinance. City Manager Brumback presented the agenda item. Considered an ordinance implementing a City Council Ethics Ordinance. Motion was made by Council Member Caskey, seconded by Council Member McCartney moving agenda item 4.h. to the February 26, 2009 City Council meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Page 10 of 17 Minutes of the February 12, 2009 City Council Regular Meeting Nayes:None. The motion carried. 5. PROPOSED RESOLUTIONS a. Approval of the Street Selection for the 2007 Bond Program — Years Two — Six—Engineering. City Manager Brumback presented the agenda item. Resolution 1966 approved the street selection for the 2007 Bond Program - Years Two — Six. The staff has developed a five-year program to implement the remaining years of the 2007 Street Bond Program. The proposal was presented to the Citizens Bond Advisory Committee (CBAC) in several meetings and was reviewed by City Council in a Work Session on January 22nd. The A&E Committee has met and selected a design firm for Year Two and it is hoped the Council will approve the street plan at their February 12th meeting so negotiations on the design contract can begin. This will allow time for staff to negotiate a contract with the firm selected by A&E for consideration at the March 12th or 26th meeting. Staff started with all streets with a PCI of 30 or less that were not on the list for rehabilitation under other programs. Using the criteria below, the street program for years two through six was developed. 1. PCI of 30 or below w/weighted average applied to length of street 2. Independent assessment 3. Continuity of street - contiguous segments for execution efficiency 4. Traffic patterns & residencies 5. Neighborhood disruptions 6. Anticipated cost savings - street continuity 7. Neighborhood needs - current &historical repairs 8. Streets not on list addressed through other programs The CBAC concurred with the staff recommendations and formally endorsed of the street plan at their January 20th meeting. Members of the CBAC made a presentation at the January 22nd Work Session and will again be present to answer any questions about their review. Motion was made by Council Member Capetillo, seconded by Council Member McCartney approving Resolution 1966. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Page 11 of 17 Minutes of the February 12, 2009 City Council Regular Meeting Nayes: None. The motion carried. RESOLUTION 1966 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING STREETS FOR THE 2007 STREET BOND PROGRAM, YEARS 2 THROUGH 6; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. 2009 Legislative Agendas—City Management. City Manager Brumback presented the agenda item. Discussed and considered the Legislative Agendas for the 2009 State Legislative session. The 81st State Legislature and the 110th Congress, 2nd Session, have convened. There will be numerous topics before both Legislative bodies that can affect Baytown, especially in light of Hurricane Ike and the recent economic downturn. The City has retained the services of Randy Cain to assist in our efforts at the State level and Danielle McBeth to assist with our efforts at the Federal level as the Session's progress. One of the key elements to a successful session is to prepare and present a Legislative Agenda to our representatives. This item will review and consider approval of the State and Federal Legislative Agendas so they can be distributed to our representatives. Motion was made by Council Member Caskey, seconded by Council Member Yepez approving Resolution 1967. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes:None. The motion carried. RESOLUTION 1967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE AGENDA FOR THE 2009 STATE AND FEDERAL LEGISLATIVE SESSIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 17 Minutes of the February 12, 2009 City Council Regular Meeting 6. MOTIONS a. Approved City Hall Expansion Layout— Engineering. City Manager Brumback presented the agenda item. Approved the layout design for the City Hall Expansion project. City Council authorized a contract with Pierce Goodwin Alexander and Linville, Inc. (PGAL) on November 25, 2008. Since execution of that contract, staff has worked with PGAL to finalize the specific layout and office arrangement from the conceptual plans previously prepared. The layout is now complete and PGAL is ready to begin detailed design and engineering of the expansion. The expansion will add approximately 11,600 sq. ft. to the City Hall building and modify 2,000 sq. ft. of the existing building. This includes 33 offices, three conference rooms, two restrooms, a break room and numerous storage and work areas. This includes two City Council offices to be occupied by three Council Members each. Council approved so that the firm can proceed with the final design and preparation of construction and bid documents. The remaining design is expected to take approximately 12 weeks and the project should be out for bid in early June. Motion was made by Council Member Caskey, seconded by Council Member Sain for ordering or granting the variances requested for Agenda Items 6.a. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, and Mayor DonCarlos. Nayes: None. Abstention: Council Member Sheley. Council Member Capetillo had stepped away from the dais. The motion carried. 7. REPORTS a. Receive Certification: Sufficiency of the Smoking Initiative Amending Chapter 42,Article III "Smoking" and Read the Initiative Ordinance—City Clerk. A Certificate of Sufficiency regarding the proposed initiative ordinance, amending the Code of Ordinances of the City of Baytown, Texas, Chapter 42 "Health and Sanitation", Article III "Smoking"; to add to Section 42-96 "Definitions" the Definition of a "Stand Alone Bar"; to add to Chapter 42 "Health and Sanitation", Article III "Smoking", Section Page 13 of 17 Minutes of the February 12, 2009 City Council Regular Meeting 42-104 "Posting of Signs"; Subsection (g) requiring signs to be posted stating that smoking is allowed in the building; to add to Chapter 42 "Health and Sanitation", Article III "Smoking", Section 42-102 "Where Smoking Not Regulated"; Subsection (1) smoking will be permitted at the owners option in a Stand Alone Bar and comply with signage requirements set forth in Article III "Smoking", Section 42-104 "Posting of Signs" Subsection (g); containing a savings clause; repealing inconsistent ordinances; and providing for the publication and effective date thereof was presented to the City Council. The petition was filed on January 30, 2009, and is sufficient in accordance with the terms of the Charter and the Election Code as follows: • The petition contained the full text of the proposed ordinance; • Each separate petition contained a circulator's affidavit with a statement that he/she personally circulated the petition paper that it bears a stated number of signatures,that all signatures were made in his/her presence, and that he/she believe them to be the genuine signatures of the persons whose names they purport to be; • Each signer signed in ink or indelible pencil and indicated his/her place of residence by street and number; • Each petition contained the names and addresses of five electors, who, were the committee of the petitioners, and responsible for the circulating and filing of the petition; • The petition papers were assembled and filed as one instrument; • The petition papers were signed by a sufficient number of qualified electors; • The petition contained the signers' date of birth or voter registration number and county of registration; • The petition contained the date of signing for each signer(a petition signature is invalid if the signer signed the petition earlier than the 180th day before the date the petition is filed) In addition to the Sufficiency of the petition, the proposed initiative ordinance was read aloud in accordance with Article X, Section 103 of the Charter of the City of Baytown by Assistant City Manager Troller. 8. CONSENT Motion was made by Council Member McCartney, seconded by Council Member Caskey approving Consent Items: 8.a., 8.b., 8.c., 8.d., and 8.e. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. a. Ordinance 11,065: Purchase of One (1) 2009 Ford Police Interceptor through H-GAC -Purchasing. Page 14 of 17 Minutes of the February 12, 2009 City Council Regular Meeting Ordinance 11,065 authorized the purchase of one (1) 2009 Ford Police Interceptor from Philpott Motors, Ltd., through H-GAC, for a total amount of $22,707.39. The H-GAC fee of$600.00 is included in the total cost. The new vehicle is a replacement for Unit #0320, 2003 Ford Crown Victoria, which was totaled in an accident on the IH-10 overpass. The party responsible for the accident was insured. Farmers Insurance will reimburse the City for the 2003 vehicle and the labor to remove the equipment out of the old vehicle and place in the new one. Philpott Motors has an interceptor in stock and after City Council's approval this vehicle should be back in service in a couple of weeks. Typically, at the beginning of the fiscal year, all vehicles and equipment are grouped together to present to Council at one time. However due to Hurricane Ike and the need to preserve capital, all vehicles will be released for purchase intermittently as their urgent need is required and funding pre-approved. Therefore, all vehicles for the balance of this fiscal year will be sent to Council even though they may be under the $50,000 threshold necessary for Council approval. ORDINANCE 11,065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY- TWO THOUSAND SEVEN HUNDRED SEVEN AND 39/100 DOLLARS ($22,707.39) TO PHILPOTT MOTORS, LTD., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2009 FORD POLICE INTERCEPTOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 11,066: Connect CTY Contract Renewal—Communications. Ordinance 11,066 awarded the first renewal of the annual Connect CTY contract to Blackboard Connect Inc., in the amount of $67,997.00. Blackboard Connect Inc. submitted an invoice to renew the current contract for the same pricing, terms, and conditions. The contract provides telephone messaging to local telephone numbers used for delivery of special or emergency messages to the community. During Hurricane Ike we used this system to deliver over 200,000 phone messages to residents and businesses in our community. This is the second year of our three year contract with Blackboard. ORDINANCE 11,066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY- SEVEN THOUSAND NINE HUNDRED NINETY-SEVEN AND NO/100 DOLLARS ($67,997.00) TO BLACKBOARD CONNECT, INC., SUCCESSOR IN INTEREST TO THE NTI GROUP, INC., FOR THE 2008-2009 TERM OF THE CONNECT CTY AGREEMENT FOR Page 15 of 17 Minutes of the February 12, 2009 City Council Regular Meeting TELEPHONE MESSAGING SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 11,067: Interlocal Agreement with H-GAC for Classroom Training—Police Department. Ordinance 11,067 authorized an Interlocal Agreement with the Houston-Galveston Area Council ("H-GAC") to provide regional law enforcement training at the Baytown Police Academy. This Intergovernmental Agreement is funded through a grant by H-GAC and will provide $36,742.20 in revenue to assist with training costs. This is the third year the City has entered into an agreement with H-GAC for regional training ORDINANCE 11,067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL TO PROVIDE REGIONAL LAW ENFORCEMENT TRAINING AT THE BAYTOWN POLICE ACADEMY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 11,068: Closeout of NEWWTP Offsite Phase I Sanitary Sewer Project—Engineering. Ordinance 11,068 authorized final payment to George Construction, Inc. and to accept the NEWWTP Offsite Phase I Sanitary Sewer Project. Ordinance 11,068 approved the release of retainage and final payment in the amount of $232,407.09 to George Construction, Inc. and accepts the NEWWTP Offsite Phase I Sanitary Sewer Project. The original contract was awarded to George Construction, Inc. for $4,736,187.00. Change orders totaling $36,811.00 revised the contract to an amount of $4,772,998.00. The project totaled $4,609,760.92; this was a cost savings of $163,237.08. The contractor finished the project with satisfactory workmanship. ORDINANCE 11,068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE PHASE I SANITARY SEWER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED SEVEN AND 09/100 DOLLARS ($232,407.09) TO GEORGE CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 17 Minutes of the February 12, 2009 City Council Regular Meeting e. Ordinance 11,069: Closeout of Tri-City Beach Waterline Extension Project - Engineering. Ordinance 11,069 authorized final payment to Crostex Construction, Inc., and accepting the Tri-City Beach Road Waterline Extension Project. Ordinance 11,069 approved the release of retainage in the amount of $14,323.91 to Crostex Construction, Inc., and accepts the Tri-City Beach Road Waterline Extension Project. The original contract was awarded to Crostex Construction, Inc., for $146,503.75. The project totaled $143,239.15, which was a cost savings of $2,264.60. The contractor finished the project on time and with satisfactory workmanship. ORDINANCE 11,069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TRI-CITY BEACH ROAD WATERLINE EXTENSION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOURTEEN THOUSAND THREE HUNDRED TWENTY-THREE AND 91/100 DOLLARS ($14,323.91) TO CROSTEX CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated herein below, if any. In the event the Council elects to go 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. There was no Executive Session. 10. MANAGER'S REPORT a. The First Annual Second Chance Prom—Parks and Recreation. The First Annual Second Chance Prom will be held at the Baytown Community Center on Friday, February 13, 2009 from 7 p.m. to 10 p.m. Tickets for the event are $30 per couple and are available in the Parks and Recreation Department office, during regular work hours and at the door. Page 17 of 17 Minutes of the February 12, 2009 City Council Regular Meeting b. Wal-Mart Community Grant to City of Baytown Animal Shelter - Health Department. The City of Baytown Animal Services Shelter has received a Community Grant from the local Wal-Mart Distribution Center #7042 in the amount of$1,500 to assist in providing additional amenities for the displaced animals maintained at the Animal Shelter. c. Progress report on Alternatives to Garth Road Traffic — City Administration. Received an update on efforts to provide alternative traffic routes along Garth Road. To help alleviate some traffic on Garth Road and other thoroughfares, the City has been pursuing interconnectivity between business developments. One particularly challenging bottleneck is connecting the Home Depot parking lot across the pipeline corridor to the Petco/Old Navy/Office Depot parking lot. Progress has been made on a possible solution. Staff is also in the preliminary stages of a connector roadway from West Baker to Riceland behind the Kroger Center. Mayor DonCarlos mentioned that at the TML Elected Officials' Seminar Council Members McCartney and Sheley were honored with Certificates of Achievement. Mayor DonCarlos requested that the Smoking Ordinance activity be placed on the Work Session for February 26, 2009. 11. ADJOURN Motion was made by Council Member Sain, seconded by Council Member Caskey adjourning the February 12, 2009, Regular Meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes:None. The motion carried. 8:22 P.M. Mayor DonCarlos adjourned the Regular City Council Meeting of February 12, 2009. Kaythie Darnell, City Clerk City of Baytown