2009 02 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 2009 The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday, February 26, 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 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 Council Member Lynn Caskey was absent from the February 26, 2009, City Council Meeting. Pledge of Allegiance, Texas Pledge and Invocation led by Council Member Scott Sheley. 6:34 P.M. Mayor DonCarlos convened the February 26, 2009, Regular Meeting with a quorum present. 1. MINUTES a. Considered approval of the minutes from the Special Meeting on February 3, 2009 and the Regular Meeting on February 12, 2009. Motion was made by Council Member Sain, seconded by Council Member McCartney approving the minutes from the February 3, 2009, City Council Special Meeting and February 12, 2009, City Council Regular Meeting. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Page 2 of 22 Minutes of the February 26, 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. Recognized and awarded Mr. Peter Buenz for his 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. The City Manager asked that the audience join him 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. b. 2008 Beautify Business Award of the Year - Beautification Advisory Committee. Baytown Beautification Advisory Committee, Sub-committee reported, on the Beautify Baytown Business Awards for the Calendar Year of 2008; and presented the 2008 Beautify Business Award of the Year. On August 25, 2005, the City Council adopted Ordinance 10,132 establishing the Baytown Beautification Advisory Commission. The purpose of the Commission is to serve as an advisory board to the City Council and to promote public interest in the general improvement of the environment of the City, to initiate, plan, direct and coordinate programs for litter control and neighborhood improvement in conjunction with, and in voluntary cooperation of citizens, governments, businesses and industries within the City on a sustained basis. The Visual Enhancement Committee is a Sub-Committee of the BBAC. It was formed in March 2006 to publicly recognize commercial entities that make marked improvements and/or maintain the attractiveness of their businesses. The awards are given quarterly with up to 2 winners each quarter. The quarterly winners are presented with an outdoor sign that remains on their premises for the duration of their quarter along with recognition in the Baytown Sun. Page 3 of 22 Minutes of the February 26, 2009 City Council Regular Meeting The criteria for choosing the quarterly winner(s) are: the building(s) are continuously kept in great shape; the grounds are continuously manicured— litter free; flower beds are weed-free and very colorful, very well planned and maintained landscaping; great pride displayed by the business; businesses have gone above and beyond the basic landscape ordinance. First Quarter 2008 winners are: Dr. Deborah Hohn; Shady Creek Apartments. Second Quarter 2008 winners are: Crespo & Jirrels Funeral and Cremation Services; Dr. Dean Hutto. Third Quarter 2008 winners are: Harris County Insurance; Community Resource Credit Union. Fourth Quarter 2008 winners are: Uncle Bob's Storage; Luna's Mexican Restaurant. An overall winner was chosen from these winners at the end of each year. The 2008 overall winner received an outdoor sign to keep for the duration of 2009 along with a special plaque. Overall Winner is: Luna's Mexican Restaurant. c. Recognition: Presented the Youth of the Month Award - Parks and Recreation. Presented the February Youth of the Month Award to Clay Dippel, a senior at Ross S. Sterling High School. The City of Baytown recognized an outstanding young man, Mr. Clay Dippel, for Youth of the Month for February 2009. Mr. Dippel, a senior at Ross S. Sterling High School, has over the course of many years demonstrated an outstanding record of leadership through service and commitment to his school and community. Academically, Clay is in the top 10 of his class at Sterling and has maintained all A's throughout his high school career. His involvement also includes the Key Club, Red Cross Club, National Honor Society, Good Sportsmanship League, and Teen Library Board. His extra-curricular activities include being the principal trumpet player of the Sterling Wind Ensemble, Jazz Band, and Brass Captain of the marching band. He also serves as the Chairman of the Baytown Youth Advisory Commission and was elected to the House of Representatives at Texas Boys State. Clay has been awarded as an AP Scholar and a recipient of the Hugh O'Brien Youth Leadership Award. Baytown is a better place with young people like Clay living in it. We congratulate Clay on this honor and wish him best of luck with his future endeavors. d. Recognition: Mayor and City Manager recognized BAMACO, Beck Disaster Recovery, and DRC -Purchasing. Page 4 of 22 Minutes of the February 26, 2009 City Council Regular Meeting The Mayor and Assistant City Manager, Kevin Troller, recognized the three contracting companies that assisted Baytown in the debris cleanup. The three companies recognized were: Beck Disaster Recovery, BAMACO, Inc., and DRC. e. Recognition: Years of Service Awards -Human Resources. City Manager introduced employees with 5, 10, 15, 20, and 25 years of service to the City of Baytown. Recognized for five (5)years of service: Susan Chandler, Christopher Cain, Jason Garza, Blake Moye, William Nelson, and Casey Schneiter; recognized for ten (10) years of service: Joel Willie; recognized for fifteen (15) years of service: Yvonne Lopez; recognized for twenty (20) years of service: Debra Barnes and John Carr; and recognized for twenty-five (25)years of service: Harold Cheek. f. Recognition: Team of the Month -Human Resources. City Manager recognized the Team of the Month for the City of Baytown. The February Team of the Month is from Public Works: Utility Construction and Water Distribution Divisions. These employees were being recognized for their proficiency and effective team-work practices while getting a large section of the main trunk line of the City's Water Distribution System completed ahead of schedule. Team Members include: Roy Rodriguez, Kevin Hilyard, Thomas Rogers, Andrew Delgado, Shane Rowlan, Fred Johnson, Paul Lockett, Donald Curry, and Guadalupe Quintero. 3. PUBLIC HEARINGS a. Public Hearing: Proposed Initiative Ordinance Exempting Certain Stand- Alone Bars from the Smoking Ordinance - City Clerk. City Manager Brumback presented the agenda item. Conducted the Public Hearing on the proposed initiative ordinance which exempts certain Stand-Alone Bars from the requirements of the Smoking Ordinance. On February 12, 2009, the City Clerk certified the initiative petition as sufficient, meeting the Charter and the Election Code. Notice of the Public Hearing was published in The Baytown Sun on Tuesday, February 17, 2009 and Wednesday, February 18, 2009. The Charter of the City of Baytown in Article X, Section 103, requires City Council to hold a Public Hearing allowing interested parties the right to appear and be heard Page 5 of 22 Minutes of the February 26, 2009 City Council Regular Meeting regarding the proposed initiative ordinance which exempts certain Stand-Alone Bars from the requirements of the Smoking Ordinance. 6:51 P.M. Mayor DonCarlos opened the Public Hearing. Claudia Rodas, 6301 Richmond, Houston, TX 77057, Dennis Heyen, 2200 Buchanan Dr., Baytown, and Halena Hellums, 2539 Doral Dr., Baytown each registered to address the Council regarding item 3.a. and opposed the proposed ordinance. Gay Craig, 4218 N. Hwy 146, Baytown, and Gloria Bashrum, 8102 Bayside, Baytown each registered to address the Council regarding item 3.a. and deferred their minutes to James Haarmeyer. James Haarmeyer, 8102 Bayside, Baytown, Tammy A. Miller, 1205 N. Fifth, Baytown, Sylvia Hallum, 729 Chance Lane, Baytown, Bette Efferson, 122 Gulls Cut North, Baytown, and Pamela Medellin, 4021 Garth Rd, Baytown each registered to address the Council regarding item 3.a. and supported the proposed ordinance. 7:27 P.M. Mayor DonCarlos closed the Public Hearing. 4. PROPOSED ORDINANCES a. Agreement for Advertising Services for the 7th Annual Bayou Bowl - City Management. City Manager Brumback presented the agenda item. Ordinance 11,070 approved a contract with the Bayou Bowl Association for advertising services related to the 2009 Bayou Bowl. The 2009 Bayou Bowl will be held at Stallworth Stadium on June 13, 2009. The Agreement for Advertising Services for the 7th Annual Bayou Bowl is for tourism- related services to increase out-of-town attendance at the game and to promote other attractions in Baytown to lengthen visitors' stays. The request of $55,000 is the same as the 2008 level of funding. There were no substantive changes in the agreement from last year. Ordinance 11,070 authorized the agreement with the Bayou Bowl and approved the Bayou Bowl's budget for operations funded by the agreement. Motion was made by Council Member Sheley seconded by Council Member Capetillo approving Ordinance 11,070. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Page 6 of 22 Minutes of the February 26, 2009 City Council Regular Meeting ORDNANCE 11,070 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES FOR THE 7TH ANNUAL BAYOU BOWL WITH THE BAYOU BOWL ASSOCIATION; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ratifying Change Order No. 1 to the James Street Water Well Repair Project- City Management. City Manager Brumback presented the agenda item. Ordinance 11,071 ratified Change Order No. 1 to the James Street Water Well Repair Project. Ordinance 11,071 ratified Change Order No. 1 to the James Street Water Well Repair Project in the amount of$38,000. On February 28, 2008, the City Council of the City of Baytown authorized a contract with Weisinger Water Well, Inc., for the James Street Water Well Repair Project in the amount of$219,800. After the commencement of the work, it was determined that the obstruction originally seen from a camera survey was more extensive than originally thought-- namely there was a buckling of the casing and a hole in the mill slot screen section of the well. In order to repair the well, a change order was submitted in the amount of $38,000. The City Council gave the City Manager the general authority to approve change orders up to 25% of the contract amount, not to exceed $25,000. This limitation was collectively missed by the City staff reviewing and approving the change order. It is surmised that the standard $50,000 limit on administrative contract execution caused the oversight. The change order was executed and the project was successfully completed. Weisinger Water Well, Inc., has been paid for its services. Although this item should have been brought before the City Council prior to the authorization for the additional work last year, it is now being brought to the City Council for ratification of staffs action and for full disclosure. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving Ordinance 11,071. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Page 7 of 22 Minutes of the February 26, 2009 City Council Regular Meeting ORDINANCE 11,071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING CHANGE ORDER NO. 1 TO THE JAMES STREET WATER WELL REPAIR PROJECT AND THE EXPENDITURE OF THIRTY-EIGHT THOUSAND AND NO/100 DOLLARS ($38,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. City Council Ethics Ordinance. City Manager Brumback presented the agenda item. Gloria Bashrum, 8102 Bayside, Baytown registered to address the City Council regarding item 4.c. and deferred her minutes to James Haarmeyer. James Haarmeyer, 8102 Bayside, Baytown registered and addressed the City Council regarding item 4.c. Ordinance 11,072 implemented a City Council Ethics Ordinance. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,072. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 14 "ETHICS COMMISSION" TO ESTABLISH AN ETHICS COMMISSION FOR THE CITY OF BAYTOWN; AMENDING CHAPTER 2 "ADMINISTRATION" BY ADDING A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VIII "CODE OF ETHICS" TO ESTABLISH STANDARDS OF CONDUCT APPLICABLE TO OFFICERS, BOARD MEMBERS AND CERTAIN EMPLOYEES OF THE CITY AND TO ESTABLISH PROCEDURES FOR HEARING Page 8 of 22 Minutes of the February 26, 2009 City Council Regular Meeting VIOLATIONS OF THE STANDARDS SO ADOPTED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE STANDARDS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Amending the Code of Ordinances, Chapter 42 "Health and Sanitation", Article III "Smoking" -Exempting Certain Stand Alone Bars - City Clerk. City Manager Brumback presented the agenda item. Gloria Bashrum, 8102 Bayside, Baytown registered to address the City Council regarding item 4.d. and deferred her minutes to James Haarmeyer. James Haarmeyer, 8102 Bayside, Baytown and Doug McBee, 4539 Garth Rd., Baytown each registered and addressed the City Council regarding item 4.d. Proposed Smoking Ordinance amended the Code of Ordinances, Chapter 42 "Health and Sanitation", Article III "Smoking", which exempts certain Stand Alone Bars from the requirements of the Smoking Ordinance. A Committee of Electors filed and presented an Initiative Petition to the City Clerk of the City of Baytown on January 30, 2009. The City Clerk certified the sufficiency of the petition to the City Council on February 12, 2009, and Assistant City Manager, Kevin Troller, read the Proposed Smoking Ordinance into the record. The City Council called for a Public Hearing which has been scheduled and publicized for February 26, 2009. Mayor DonCarlos requested a motion from the City Council Members. There was no motion made by the City Council Members. e. Calling a Special Election concerning the Initiative Ordinance - City Clerk. Ordinance 11,073 called a May 9, 2009, Special Election in accordance with Article X, Section 104 of the Charter of the City of Baytown to submit to the electors a proposed initiative ordinance, which exempts certain Stand Alone Bars from the requirements of the Smoking Ordinance. In accordance with the Charter, the City Council shall consider the proposed initiative ordinance and must take final action on the ordinance within a sixty-day period. During such sixty-day period, the City Council may adopt the ordinance, adopt a different version of the ordinance, or call an election to submit the proposed initiative ordinance to the voters. However, should the City Council adopt the proposed ordinance in a different form than what was submitted, the City Council must still call an election on the submitted ordinance. If the proposed initiative ordinance is ultimately passed by the voters, the City Council may amend or repeal the same as in the case of other ordinances. Page 9 of 22 Minutes of the February 26, 2009 City Council Regular Meeting Ordinance 11,073 called a Special, City-Wide Election for May 9, 2009, and contains possible ballot language for such election for the City Council's review and approval. Motion was made by Council Member Sheley, seconded by Council Member Capetillo approving Ordinance 11,073. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, Sheley and Mayor DonCarlos. Nayes: None. Council Member McCartney recused himself from agenda item 4.e. The motion carried. ORDINANCE 11,073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ORDERING A SPECIAL ELECTION TO BE HELD ON THE 9TH DAY OF MAY, 2009, FOR THE PURPOSE OF CONSIDERING A PROPOSED INITIATIVE ORDINANCE WHICH EXEMPTS CERTAIN STAND-ALONE BARS FROM THE REQUIREMENTS OF THE SMOKING ORDINANCE; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; AND PROVIDING FOR THE MAILING, POSTING AND PUBLICATION OF NOTICE. Agenda Item 4.f. followed agenda item 10. f. Earnest Money Contract for the Purchase of Property- City Management. Ordinance 11,081 authorized the City Manager to negotiate and execute an Earnest Money Contract for the purchase of property in Baytown for a future development project for a sales price not to exceed $55,000. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,081. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. Page 10 of 22 Minutes of the February 26, 2009 City Council Regular Meeting The motion carried. ORDNANCE 11,081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY AGREEMENT FOR PROPERTY LOCATED IN BAYTOWN FOR A DEVELOPMENT PROJECT; AUTHORIZING PAYMENT OF A SALES PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. ExxonMobil 2009/2010 Contribution -Library. City Manager Brumback presented the agenda item. Resolution 1968 accepted a $22,500 contribution from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of the Sterling Municipal Library. The funds donated are proposed to be expended for such programs as follows: Science Materials (Primarily for Children) $5,500 Literacy Materials 5,000 Reading and Cultural Enrichment 12,000 Motion was made by Council Member Sain, seconded by Council Member Capetillo approving Resolution 1968. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. RESOLUTION 1968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF TWENTY- TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($22,500.00) SUPPORTING THE CHILDREN, LITERACY, READING AND CULTURAL ENRICHMENT PROGRAMS OF THE STERLING Page 11 of 22 Minutes of the February 26, 2009 City Council Regular Meeting MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. MOTIONS a. Clarification of the Mission of the Citizens' Task Force on the Unified Land Development Code-Planning and Development. Discussed and considered clarification of the mission of the Citizen's Task Force on the Unified Land Development Code. The City Council established a Citizens Task Force to assist in the preparation of a Unified Land Development Code. The 10/23/08 Work Session Minutes reflected the City Council discussion whereby the Council preferred an additional level of citizen participation and the Planning and Zoning Commission. The consensus of the Council preferred a non-voting, Sub-Committee. The "Mission" presented to the Task Force at the Joint Meeting, January 15, 2009, reflected that standards need to be more flexible and specialized, and a code to attract not only first and second tier retail, but third tier. The City of Baytown needs a blue print that balances property rights and municipal planning. At the meeting on February 5, 2009, the Task Force stated its preferred Mission as follows: "To confine the efforts of the Task Force to the zoning aspects of a Unified Development Code and nothing else." This item is to clarify the Task Force's mission. Motion was made by Council Member Yepez, seconded by Council Member McCartney confirming the clarification of the mission for Agenda Item 6.a. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. 7. REPORTS a. Presented the Racial Profiling Report- Police Department. The Chief of Police presented the 7th Annual Racial Profiling Report to City Council. 8. CONSENT Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Consent Items: 8.a., 8.b., 8.c., 8.d., 8.e., 8.f., and 8.g. The vote was as follows: Page 12 of 22 Minutes of the February 26, 2009 City Council Regular Meeting Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. a. Ordinance 11,074: CDBG Housing Rehabilitation Projects 3218 Iowa, 307 W. Gulf, and 800 Wheatley- Planning and Development. Ordinance 11,074 awarded three Housing Reconstruction Projects to Southwest Innovations, Inc. under the Owner-Occupied Housing Rehabilitation Program for low- income persons. Notices of the bid package were published in the Baytown Sun and mailed directly to 20 contractors from the approved contractors list. Notices were also posted with Construction Data, which is delivered to over 600 Houston area contractors. Seven contractors picked up the bid packages and attended the mandatory pre-bid conference. Three of the contractors submitted a bid and one submitted a "no bid". The Housing Reconstruction Project located at 3218 Iowa is proposed in the amount of $49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot home. The existing 1413 square foot home was built in 1928 and requires extensive repairs to make it code compliant. The work write-up estimate is $41,285 for repairs, which exceeds the program's $25,000 limit to make repairs. This structure needs to be demolished and rebuilt. The Housing Reconstruction Project located at 307 W. Gulf is proposed in the amount of $49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot home. The existing 952 square foot home was built in 1930 and requires extensive repairs to bring it into code compliance. The work write-up estimate is $45,079, which exceeds the program's $25,000 limit to make repairs. This structure needs to be demolished and rebuilt. The Housing Reconstruction Project located at 800 Wheatley is proposed in the amount of $49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot home. The existing 1798 square foot home was built in 1940 and requires extensive repairs to make it code compliant. The work write-up estimate is $61,538 for repairs, which exceeds the program's $25,000 limit to make repairs. This structure needs to be demolished and rebuilt. ORDINANCE 11,074 AN ORDNANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHWEST INNOVATIONS, INC., FOR HOUSING REHABILITATION PROJECTS LOCATED AT 307 W. GULF, 3218 IOWA, AND 800 WHEATLEY; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED FORTY-NINE Page 13 of 22 Minutes of the February 26, 2009 City Council Regular Meeting THOUSAND THREE HUNDRED FIFTY AND 50/100 DOLLARS ($149,350.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 11,075: MDD Interlocal for Parks Master Plan - City Management. Ordinance 11,075 authorized an Interlocal Agreement with the Baytown Municipal Development District for funding the development of a Parks, Recreation, Open Space and Greenway Master Plan. Pursuant to the proposed agreement, the MDD would provide funding up to $100,000 for the development of the plan. The MDD reprogrammed funds for this purpose at the February 5th meeting. The MDD will consider the proposed Interlocal Agreement at the March 5th meeting. ORDINANCE 11,075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE DEVELOPMENT OF A PARKS, RECREATION, OPEN SPACE AND GREENWAY MASTER PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 11,076: H-GAC Purchase of One 2-1/2 Ton Utility Truck for Water Distribution Department- Purchasing. Ordinance 11,076 authorized the purchase of one (1) 2010 Freightliner M2-106-70 2-1/2 ton utility truck from Houston Freightliner/Sterling, through H-GAC, for a total amount of$84,309.00. H-GAC fee of$1,000.00 is included. The utility truck is a replacement for Unit #59896, a 1998 GMC utility truck, with over 72,119 miles and 4,916 hours. The utility truck will be used by the Water Distribution Department. 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 need is required and funding pre-approved. ORDINANCE 11,076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY- FOUR THOUSAND THREE HUNDRED NINE AND NO/100 DOLLARS ($84,309.00) TO HOUSTON FREIGHTLINER/STERLING THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR Page 14 of 22 Minutes of the February 26, 2009 City Council Regular Meeting THE PURCHASE OF ONE 2010 FREIGHTLINER M2-106-70 2-1/2 TON UTILITY TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 11,077: H-GAC Purchase of One (1) 2009 Chevrolet Silverado 1500 Extended Cab Pickup Truck for the Purchasing/Facility Maintenance Dept. - Purchasing. Ordinance 11,077 authorized the purchase of one (1) 2009 Chevrolet 1500 Silverado extended cab pickup for the Purchasing Division-Facility Maintenance Section from Caldwell Country Chevrolet, through H-GAC, in the amount of$25,110.00. The H-GAC fee of$600.00 is included in the total amount. The new pickup will be utilized by the Facility Maintenance Coordinator which is a new position. The Facility Maintenance Coordinator oversees all issues regarding maintenance of facilities including plumbing, electrical, air-conditioning, etc. 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 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 11,077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY- FIVE THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS ($25,110.00) TO CALDWELL COUNTRY CHEVROLET THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2009 CHEVROLET 1500 SILVERADO EXTENDED CAB PICKUP FOR THE PURCHASING DIVISION -- FACILITY MAINTENANCE SECTION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance 11,078: H-GAC Purchase of One (1) 2009 Ford Police Interceptor and One (1) 2009 Ford F-150 Super Cab Pickup for the Police Department - Purchasing. Ordinance 11,078 authorized the purchase of one (1) 2009 Ford Police Interceptor and one (1) 2009 Ford F-150 Super Cab Pickup with Super-crew upgrade from Philpott Motors, Ltd., through H-GAC, for a total amount of $45,732.60. The H-GAC fee of $600.00 is included in the total cost. The new police vehicle is a replacement for Unit #0100, 2001 Ford Police Interceptor with 116,680 miles. The Super Cab Pickup is a Page 15 of 22 Minutes of the February 26, 2009 City Council Regular Meeting replacement for Unit #0275, 2002 Chevrolet Silverado Pickup with 128,551 miles. 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 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 11,078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY- FIVE THOUSAND SEVEN HUNDRED THIRTY-TWO AND 60/100 DOLLARS ($45,732.60) TO PHILPOTT MOTORS, LTD., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2009 FORD POLICE INTERCEPTOR AND ONE 2009 FORD F150 SUPER-CAB PICKUP WITH SUPER-CREW UPGRADE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTWE DATE THEREOF. f. Ordinance 11,079: Third Renewal of the Annual Mowing, Edging, and Trimming Services Contract-Purchasing. Ordinance 11,079 awarded the Third Renewal of the Annual Mowing, Edging and Trimming Services Contract in the amount of $203,024.30. Truegreen Landcare submitted a written request to renew Section IV- Lift Stations and Well Sites for the same pricing, terms and conditions. Grant Smith Mowing submitted a written request to renew the remaining sections with the allowable 1% consumer price index. Both contractors provide excellent service. Total award is as follows: SEC. I-Parks Contract Mowing Sites including: Wayne Gray Sports Complex Ball Fields $68,355.72 Grant Smith Mowing SEC. II-Bayland Park&Marina $11,716.34 Grant Smith Mowing SEC. III-Community Beautification Sites $43,274.08 Grant Smith Mowing SEC. V-City Facilities $43,338.16 Grant Smith Mowing TOTAL: $166,684.30 SEC. IV—Lift Stations and Well Sites $36,340.00 Trugreen Landcare ORDINANCE 11,079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT SMITH MOWING AND TRUGREEN LANDCARE FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES Page 16 of 22 Minutes of the February 26, 2009 City Council Regular Meeting CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED THREE THOUSAND TWENTY-FOUR AND 30/100 DOLLARS ($203,024.30); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance 11,080: Change Order No. 1 to the Annual Electrical Services Contract-Public Works. Ordinance 11,080 authorized Change Order No. 1 to the Annual Electrical Services Contract in the amount up to $50,000. The City Council awarded the annual contract to Baytown Electric Company in the amount of$200,000 on April 24, 2008 via Ordinance 10,882. The proposed change order increases the original contract price by 25%, which is the maximum allowed pursuant to the competitive bid law. The Annual Contract is used by numerous City departments for electrical repairs and maintenance. This work includes bucket-truck work for lighting in our parking lots and ball fields as well as general electrical services for all other facilities including water wells and sewer lift stations. The damage caused by Hurricane Ike greatly increased the utilization of this annual contract while we were getting City facilities repaired. This Change Order is necessary to allow the installation of the new generator for the City Hall complex to be connected in a timely manner. There are also repair projects at various sports fields that need to be completed prior to the start of their season. This Change Order will complete all of the expenditures allowed under this contract. A renewal of this contract for an additional year, as provided for in the contract, will be placed on the March 12th agenda for Council consideration. ORDINANCE 11,080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL ELECTRICAL SERVICES CONTRACT WITH BAYTOWN ELECTRIC COMPANY FOR ADDITIONAL ELECTRICAL SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Appointments: Unified Land Development Code Task Force. Considered Council Members Yepez (District 1) and Caskey (District 5) nominations to the Unified Land Development Code Task Force. Page 17 of 22 Minutes of the February 26, 2009 City Council Regular Meeting The ULDC Task Force is made up of seven members, one nominated by each member of Council. Task Force Members Teresa Espinoza and David Snell have tendered their resignations from the Unified Land Development Code Task Force effective immediately. Ms. Espinoza was nominated by Council Member Yepez and Mr. Snell was nominated by Council Member Caskey. Appointments need to be made to complete the remainder of their terms. Consensus of the City Council was to move item 9.a. to the March 12, 2009, City Council Meeting. b. Appointments: Select the Chair for the Tax Increment Reinvestment Zone Number One and Redevelopment Authority Board. Considered the appointment for the Chair of the Tax Increment Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority Board. Dr. Don Murray served as the Chair of the Baytown Redevelopment Authority and the Tax Increment Reinvestment Zone One since its formation in 2001. Dr. Murray recently resigned his position on the Boards, and the Council appointed Terry Sain. The Chair for the Redevelopment Authority and the Reinvestment Zone is selected by the City Council. The current members of those Boards are: Gilbert Santana, Mike Wilson, John Strausser, Reggie Brewer, Judy Dubose, Terry Sain, Steve Evans (Lee College), Brenda Bradley Smith(Harris County). Dr. Murray's term as Chair ended December 31, 2008. The new Chairperson will serve as Chair until December 31, 2009. Motion was made by Council Member Capetillo and seconded by Council Member Yepez naming Terry Sain as the Chair for the Tax Increment Reinvestment Zone Number One and the Redevelopment Authority Board. Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. c. Appointments: Baytown Housing Authority Board. Considered the Mayor's two (2) appointments to the Baytown Housing Authority Board. Since there was no Work Session on February 12, 2009 this will be the first time this item will be seen by City Council. Appointed by the Mayor, the Baytown Housing Authority Board consists of five (5) Commissioners, of which, no person who is an officer or employee of the City of Page 18 of 22 Minutes of the February 26, 2009 City Council Regular Meeting Baytown or who lives outside a radius of five (5) miles beyond the corporate limits of said City, shall be appointed. Members are eligible for reappointment for subsequent terms; however,resident members may only serve two (2) consecutive terms. The following Members' terms will expire on March 31, 2009: Maria Guillory (Resident) and Tony Roberson. Maria Guillory (Resident) and Tony Roberson are eligible for reappointment and desire to continue to serve on this Board for the term March 1, 2009,through March 1, 2011. Mayor DonCarlos requested that agenda item 9.d. be moved to the March 12, 2009, City Council Meeting. d. Appointments: Baytown Housing Finance Corporation Board. Considered two (2) appointments to the Baytown Housing Finance Corporation Board. Since there was no Work Session on February 12, 2009 this will be the first time this item will be seen by City Council. Appointed by the City Council, the Baytown Housing Finance Corporation Board is composed of five (5) commissioners, of which, no person who is an officer or employee of the City of Baytown or who lives outside a radius of five (5) miles beyond the corporate limits of said City shall be appointed. Members are eligible for reappointment for subsequent terms; however, resident members may only serve two consecutive terms. The following members' terms will expire on March 31, 2009: Maria Guillory (Resident) and Tony Roberson. Ms. Mary Guillory (Resident) and Mr. Tony Roberson are eligible for reappointment and desire to serve on this Board for the term April 1, 2009,through March 31, 2011. Mayor DonCarlos requested that agenda item 9.d. be moved to the March 12, 2009, City Council Meeting. e. Appointments: Baytown Library Board. Considered four (4) appointments to the Baytown Library Board. Since there was no Work Session on February 12, 2009 this will be the first time this item will be seen by City Council. The Baytown Library Board is a seven (7) member board of qualified voters and residents appointed by the City Manager with Council approval. Members shall serve two (2) year terms with four (4) members being appointed in odd numbered years and three (3) members being appointed during even numbered years. Members may not serve more than three (3) consecutive two-year terms. Page 19 of 22 Minutes of the February 26, 2009 City Council Regular Meeting The Library Board shall promulgate general rules and regulations covering the policies and operations of the Library Department after the same have been studied and approved by the City Council. The Library Board is authorized and directed to recommend one or more librarians to the City Manager for his consideration. Also, working with the Librarian and City Manager, they shall recommend the number, qualifications, and salaries to be paid to the library staff The following members' terms will expire on March 1, 2009: Don Coffey, Gary Englert, Cindy Barefield and Gene Poirot. Mr. Gary Englert and Cindy Barefield are eligible for reappointment and desire to continue to serve on this Board for the March 1, 2009 through March 1, 2011 term. Don Coffey and Gene Poirot do not desire to be reappointed. Motion was made by Council Member Sain and seconded by Council Member Capetillo to reappoint Gary Englert and Cindy Barefield and to appoint Ron Lewis and Tavita Lopez to the Library Board. Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes:None. The motion carried. f. Appointments: Urban Rehabilitation Standards Review Board. Considered four (4) appointments to the Urban Rehabilitation Standards Review Board. Since there was no Work Session on February 12, 2009 this will be the first time this item will be seen by City Council. The Urban Rehabilitation Standards Review Board is a seven (7)member board appointed by Council. It is composed of a Registered Architect or Registered Engineer, a Mortgage Loan Banker, a Building Contractor, a Social or Welfare Worker, and three (3) Citizens known to have an interest in public affairs. Ex officio members include the Director of Public Health of the City, Fire Marshal, and Chief Building Inspector. Members serve two (2)year terms and meet on the first Monday of each month at 3:00 p.m. Duties include: When in its judgment, the public convenience, health, welfare, safety, or morals will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following variances and special exceptions to the regulations herein Page 20 of 22 Minutes of the February 26, 2009 City Council Regular Meeting established and take action relative to the continuance or discontinuance of blighted, deteriorated, obsolete, and substandard structures within the meaning of this chapter: a) To hear and decide appeals where it is alleged there is any error on any order, requirement, decision, or determination made by the chief inspector or consider on its own motion plans, surveys, and specifications for any proposed repair of structures coming under the board's jurisdiction. b) Permit the repair of substandard structures subject to certain requirements pertaining to the structure or premises as may be deemed necessary to protect adjoining property owners. c) Require the vacation of structures deemed unfit for human use or habitation as provided in this chapter. d) Require the demolition of structures deemed substandard and unfit for human use and habitation as provided in this chapter. e) A variance may be granted when the literal interpretation of this chapter would result in an unreasonable or unnecessary hardship. The following members' terms will expire on March 1, 2009: William Gidley, Mortgage Loan Banker; W. A. McElhannon, Registered Engineer; Tom Cottar III, Interested Citizen; and Tom Hughes, Building Contractor. William Gidley, Tom Cottar III and Tom Hughes are eligible for reappointment and desire to serve on this Board for the March 1, 2009 through March 1, 2011 term. W.A. McElhannon, Registered Engineer, does not desire to be reappointed. Motion was made by Council Member Sheley and seconded by Council Member Capetillo to reappoint William Gidley, Tom Cottar III, and Tom Hughes to the Urban Rehabilitation Standards Review Board. Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. 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 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 Page 21 of 22 Minutes of the February 26, 2009 City Council Regular Meeting 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. a. Executive Session: Purchase of Property for Development Project. 8:22 P.M. Mayor DonCarlos recessed into and conducted an Executive Session pursuant to Texas Government Code, Section 551.072 to deliberate the possible purchase of real property in Baytown for a development project. 8:34 P.M. Mayor DonCarlos reconvened the Open Meeting of the City Council Meeting. Agenda item 4.f. followed agenda item 10. 11. MANAGER'S REPORT a. Roseland Park Spray Park Opens for the Summer Season - Parks and Recreation. The City of Baytown Parks and Recreation Department announced that the Roseland Spray Park will open for the 2009 Summer Season on Saturday, March 7, 2009, at 10 a.m. Roseland Spray Park is located at 100 Roseland Drive. This is the seventh season for the popular attraction that opened for the first time on May 1, 2002. The Spray Park, a Municipal Development District funded project, will be open to the public daily from March 7th through Sunday, November 1st. There is no admission charge at the Spray Park. Other supporting facilities include two picnic shelters, a vending depot, public restrooms, and near-by parking. There is plenty of open grass for sunbathing as well. A 45-foot long bench arbor that includes several varieties of plant material will provide a cool retreat from the sun during the hot summer months ahead. The arbor will provide parents and friends with a comfortable place to watch their children enjoy and play in the Spray Park. The Spray Park will be open from 10 a.m. to 8 p.m. Monday through Saturday, and from noon until 8 p.m. on Sundays. b. Updated the H-GAC Distribution of the CDBG Funds - Emergency Management. Updated the H-GAC distribution of the CDBG Funds. 12. ADJOURN Page 22 of 22 Minutes of the February 26, 2009 City Council Regular Meeting Motion was made by Council Member Yepez, seconded by Council Member Capetillo adjourning the February 26, 2009, Regular Meeting. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes:None. The motion carried. 8:37 P.M. Mayor DonCarlos adjourned the Regular City Council Meeting of February 26, 2009. Kaythie Darnell, City Clerk City of Baytown