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2009 06 11 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 11, 2009 The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday, June 11, 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: 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 Kaythie Darnell City Clerk Council Member Lena Yepez was absent from the June 11, 2009, City Council Regular Meeting. 6:30 P.M. Mayor DonCarlos convened the June 11, 2009, Regular Meeting with quorum present. Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Capetillo. 1. MINUTES a. Approve Minutes of the City Council Special Meeting held on May 19, 2009. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving the minutes from the May 19, 2009, City Council Special Meeting. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None. Abstention from the vote: Council Member Sain. Page 2 of 25 Minutes of the June 11, 2009 City Council Regular Meeting The motion carried. b. Approve the Minutes of the City Council Work Session and Regular Meeting held on May 28, 2009. Motion was made by Council Member Sain, seconded by Council Member Sheley approving the minutes from the May 28, 2009, City Council Work Session and Regular Meeting. The vote was as follows: Ayes: Council Members: Caskey, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. Abstention from the vote: Council Member Capetillo. The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Citizen Communication: Angela Barton. Ms. Angela Barton requested to address the City Council regarding accountability; however, she was not present when called to speak. Ms. Heidi Dreher registered to address to the City Council regarding agenda item 2.a. and stated that she was a former employee of the City of Baytown. Ms. Dreher stated that she believed her employment termination was unmerited and requested that the City of Baytown reverse said action. Ms. Dreher stated that upon her return to work on February 25, 2009, her job description was significantly changed and that 70% of her job duties were given to another employee. Ms. Dreher stated that her attempts to speak to her supervisor were postponed for a later date. On February 25, 2009 while meeting with staff from Administration, Human Resources, and Engineering she requested her evaluation and raise. Ms. Dreher alleged that her concerns regarding her employment and job duties were not addressed by her supervisors, Human Resources or the Assistant City Manager. Ms. Dreher also stated that she informed City staff and members of Council that her doctor recommended that she not return to work due to her medical condition, which she alleged was caused by her employment situation and she stated that she did not understand how an employee could be terminated if a doctor gives a medical reason why they can not return to work. Page 3 of 25 Minutes of the June 11, 2009 City Council Regular Meeting On June 08, 2009, Ms. Dreher was terminated and she states that she remains unclear as to the reasons. Mayor DonCarlos requested that management respond to Council's request as to why they did not receive Ms. Dreher's exit interview. City Manager Brumback stated that the City had no objection to providing Council with employee exit interviews should the employee request such action and staff will review and amend any policy currently in place that would prohibit said action. Additionally, Mr. Brumback recommended that an investigation take place into any other allegation posed by Ms. Dreher in order to ensure that all perspectives to this issue be revealed. Mr. Brumback stated that another side to story presented by Ms. Dreher does exist and that Council should be privy to that information in a more appropriate venue. Mr. Brumback also stated that in his professional experience no retaliation took place against Ms. Dreher, all actions taken in her case were appropriate and done within procedure and that she was treated no differently than any other employee under the same circumstances. Donna Terpening registered to address to the City Council regarding agenda item 2.a. and deferred her three (3) minutes to Heidi Dreher. b. Welcome: New Baytown Police Officers (3) -Mayor DonCarlos. Welcome three (3) new Baytown Police Officers: (1) Jose Gonzalez, (2) Chad Johnson and(3) Jason Waite. 3. PROPOSED ORDINANCES a. Amendment No. 1 to the Interlocal Agreement for Circulator Bus Service - Legal. City Manager Garry Brumback presented Ordinance 11,126 that authorized Amendment No. 1 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. On July 8, 2008, the City and Harris County entered into an agreement regarding the provision of fixed route bus service in the City of Baytown for a term of one year. This proposed amendment extends such agreement until July 8, 2010, and requires the City to tender to the County another$75,000 for local operating funds for the additional year. All of the other terms and conditions of the interlocal agreement remain the same. Specifically, under the agreement, as amended, the obligations of the parties are as follows: Baytown Obligations: 1. Provide, equip, and make available for use in regard to services hereunder transit stops at all locations chosen by the County; Page 4 of 25 Minutes of the June 11, 2009 City Council Regular Meeting 2. Provide advertising on the City of Baytown municipal television channel informing the general public of the availability of transit services in the community; 3. Provide information inserts in the City water bills or in its monthly City of Baytown Newsletter advertising the service; and 4. Provide all required Local Operating Funds for the cost of the service during the twenty-four months of service,up to a maximum of$150,000.00. County Obligations: 1. Operate the Fixed Route Bus Service in the City of Baytown; 2. Provide necessary transit vehicles through the use of outside contractors; and 3. Collect and retain the fares as follows; provided that the County may enter into agreements as it may deem necessary and proper to provide for bus services to be provided otherwise than by payment of such fees: • Adult (12 years and older), $1.00 each way • Children 2 years to 11 years, $ .50 each way • Seniors (65 and older with identification), $ .50 each way • Disabled(With identification), $ .50 each way • Children under 2 years, Free • Certified Demand Response Eligible Passengers, $2.00 each way This amendment continues the Baytown Circulator for another year. The City, County and Lee College are working on an additional amendment to add a third route to the system, which shall be to Council at a later date. Motion was made by Council Member McCartney, seconded by Council Member Caskey approving Ordinance 11,126. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 11,126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 25 Minutes of the June 11, 2009 City Council Regular Meeting b. Storm Water Construction -Health and EMS. City Manager Garry Brumback presented Ordinance 11,127 that created storm water construction requirements as mandated in the Texas Commission on Environmental Quality approved Storm Water Management Plan subsequent to the issued Storm Water Permit for the City. Motion was made by Council Member Sain, seconded by Council Member Caskey approving Ordinance 11,127. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 11,127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI "STORMWATER DRAINAGE" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 1 "IN GENERAL" AND PLACING SECTIONS 98-471 THROUGH 98-476 THEREIN; AND BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 2 "STORMWATER MANAGEMENT"; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Amending Section 112-4,Dwelling Unit Parking Standards,Baytown Code of Ordinances - Planning and Development. City Manager Garry Brumback presented Ordinance 11,128 that amended Section 112-4 of the Baytown Code of Ordinances addressing dwelling unit parking standards. Ordinance 11,128 amended the parking standards for dwelling units. The existing code sets a standard of 2.25 parking spaces per townhouse, two-family dwelling, and multi- family dwellings regardless of unit size. Based on the experience of apartment developers and the specific request of a developer proposing to construct new apartments in Baytown, the City reviewed parking standards from other Texas cities and it was concluded that the City's standards are high; therefore an alternative set of standards for multi-family dwellings was prepared. Page 6 of 25 Minutes of the June 11, 2009 City Council Regular Meeting Staff went a step further and surveyed newer apartment complexes in Baytown that were subject to the 2.25 per unit requirement in order to identify if parking problems were a concern. The informal survey found that for the three newest apartment complexes in Baytown, excess parking exists even in the evenings when more or most of the apartment dwellers are home. Ordinance 11,128 proposed the following new standards for apartment complexes: Minimum Parking Spaces Unit Size: • 1.0 each one bedroom or efficiency up to 500 square feet in size, • 1.5 each one bedroom apartment 500 square feet or greater in size or with two or more bathrooms, • 1.75 each two bedroom apartment regardless of size, • 2.0 each three bedroom regardless of size, and • 3.0 each apartment greater than three bedrooms The developer shall provide guest parking within 300 feet of each dwelling unit townhouse, two family or multifamily dwelling. For townhouses and multi-family dwellings, guest parking shall be provided at a rate of 10% of the overall parking requirement and shall be on the same property as the multi-family or townhouse project. The developer shall provide one bicycle rack (to accommodate three or more bicycles) per residential building and at community facilities. The developer shall provide sidewalks connecting all parking areas to residential and to community buildings. Where the sidewalks cross driving aisles (driveways) cross walks and/or alternate paving materials shall be installed by the developer. Motion was made by Council Member Caskey, seconded by Council Member Sain approving Ordinance 11,128. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 11,128 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 112 "OFF-STREET PARKING," SECTION 112-4 "MINIMUM REQUIREMENTS FOR SPACES" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING Page 7 of 25 Minutes of the June 11, 2009 City Council Regular Meeting CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Amending Section 26-102 of the Code, Urban Rehabilitation Standards Review Board (URSRB) Organization-Planning and Development. City Manager Garry Brumback presented Ordinance 11,129 that amended Section 26- 102(a) of the Code of Ordinances concerning the organization of the Urban Rehabilitation Standards Review Board. Ordinance 11,129 clarified the requirements for the Architect/Engineer position on the Urban Rehabilitation Standards Review Board ("URSRB"). The prior ordinance required licensing or registration for the Engineer or Architect, but set no such equivalent licensing standards for other positions on the board. The amendment allows the appointment of a person with a degree in architecture or engineering to serve on the URSRB and will remove the standard for licensing or registration of either an Architect or Engineer. The amendment also eliminates the requirement that persons appointed to the URSRB be taxpayers. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,129. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 11,129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 26 "COMMUNITY DEVELOPMENT," ARTICLE II "URBAN REHABILITATION STANDARDS," DIVISION 3 "REVIEW BOARD," SECTION 26-102 "ORGANIZATION," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE COMPOSITION REQUIREMENTS OF THE BOARD; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Contract for Preliminary Engineering Review of 2007 Street Bond Program, Year (2) Streets -Engineering. Page 8 of 25 Minutes of the June 11, 2009 City Council Regular Meeting City Manager Garry Brumback presented Ordinance 11,130 that authorized the execution of a Professional Services Contract for the preliminary engineering review of the 2007 Street Bond Program, Year 2 Streets. This professional services agreement with Costello, Inc. is in an amount not to exceed$217,490.00. Such amount includes compensation for engineering services in an amount not to exceed $189,525.00; compensation for reimbursable expenses in an amount not to exceed $6,500.00; and additional services, which include geotechnical, in an amount not to exceed $21,465.00. The following streets have been selected in this investigative review: • Hackberry(from Burnett to Meador), • Bolster(from Bayless to Allman), • South Hemlock(from Larch Cir. to Shirley), • West Humble (from S. Whiting to S. Ashbel), • Dale (from Adams to Sheridon), • South Atlantic (from Chesapeake to Ontario), • Larch St. (from Larch Cir. to Hemlock), and • New Jersey (from Missouri to Kentucky). The preliminary engineering review shall take approximately 90 calendar days from notice to proceed. Motion was made by Council Member Sheley, seconded by Council Member Capetillo approving Ordinance 11,130. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 11,130 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 A PROFESSIONAL SERVICES AGREEMENT WITH COSTELLO, INC., FOR THE PRELIMINARY ENGINEERING REVIEW OF THE 2007 STREET BOND PROGRAM, YEAR 2 STREETS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED NINETY AND NO/100 DOLLARS ($217,490.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 25 Minutes of the June 11, 2009 City Council Regular Meeting 4. PROPOSED RESOLUTIONS a. Limiting Tenure of Council Members on Municipal Development District - Legal. City Manager Garry Brumback presented Resolution 1990 that limited the tenure of City Council members appointed to the Baytown Municipal Development District ("MDD") to two years or until the expiration of their terms of office as a City Council member, whichever occurs first. The Board of Directors of the MDD is composed of the City Council members and four residents of the City appointed by the City Council. Due to the Charter amendment extending the City Council's terms of office, the terms of office of City Council members and members of the MDD are no longer congruent. Specifically, MDD directors serve two-year terms while City Council members serve three-year terms. Resolution 1990 limited the tenure of City Council members serving on the MDD to the shorter of the statutory two-year term or until the Council member ceases to hold office as a member of the City Council. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving Resolution 1990. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain,McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION 1990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, LIMITING THE TENURE OF CITY COUNCIL MEMBERS APPOINTED TO THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT ("MDD") TO TWO YEARS OR UNTIL THE EXPIRATION OF THEIR TERMS OF OFFICE AS A CITY COUNCIL MEMBER, WHICHEVER OCCURS FIRST; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 25 Minutes of the June 11, 2009 City Council Regular Meeting b. Grant Application for Energy Efficiency and Conservation Block Grant - City Management. City Manager Garry Brumback presented Resolution 1991 that authorized the City to submit a grant application to the U.S. Department of Energy for the Recovery Act - Energy Efficiency and Conservation Block Grant ("EECBG"). The City is eligible for $672,300.00 through this formula grant program. Grants awarded under the EECBG program can be used to help cities undertake environmentally-friendly initiatives, develop and implement programs to conserve energy used in transportation (e.g. infrastructure, such as bike lanes, pathways and pedestrian walkways) and to develop and implement an energy efficiency and conservation strategy. Cost-sharing (i.e. matching funds) is not required. The performance period for EECBG grants is 36-months. This formula grant is funded through the U.S. Department of Energy, National Energy Technology Laboratory, Recovery Act, Funding Opportunity Number: DE-FOA- 0000013; CFDA Number: 81.128 Energy Efficiency and Conservation Block Grant Program("EECGB"). Motion was made by Council Member Capetillo, seconded by Council Member McCartney approving Resolution 1991. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain,McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION 1991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO U.S. DEPARTMENT OF ENERGY FOR THE RECOVERY ACT - ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY-TWO THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($672,300.00); DESIGNATING AN AUTHORIZED PRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 25 Minutes of the June 1 1, 2009 City Council Regular Meeting c. Grant Application for the 2009 H-GAC Livable Centers Study Grant — City Management. City Manager Garry Brumback presented Resolution 1992 that authorized the City to apply for the 2009 H-GAC Livable Centers Study Grant. On Tuesday, June 2nd, the City received notification of limited funding opportunities for Houston-Galveston Area Council (H-GAC) Livable Center Studies. H-GAC is also soliciting a list of future implementation projects that will be considered should implementation funding become available. H-GAC anticipates funding two Livable Center studies this round. The deadline for application is June 30, 2009. Due to the short application window, Resolution 1992 authorized the City Manager to apply for the H-GAC Livable Centers grant in the following categories: 1. An application for study funding to create a Livable Center program for the Garth Road corridor in the area bounded by Rollingbrook Drive on the south and Lynchburg - Cedar Bayou on the north. This study will include such concepts as commercial/retail access management, hike and bike trails to connect residential properties to shopping and entertainment venues, general pedestrian improvements, incorporation of transit facilities, street design and future land uses. 2. An application for future implementation of the Downtown Streetscape Master Plan in additional areas not covered by the pilot project. This grant requires a 20% local match plus a 3% TxDOT fee; if awarded, it is proposed that the match be funded by the MDD under the "New and Expanded Businesses" section. Motion was made by Council Member Caskey, seconded by Council Member Sain approving Resolution 1992. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE Page 12 of 25 Minutes of the June 11, 2009 City Council Regular Meeting HOUSTON-GALVESTON AREA COUNCIL FOR THE 2009 H-GAC LIVABLE CENTERS STUDY GRANT; AUTHORIZING A 20% FUNDING MATCH AND A 3% TXDOT FEE; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Setting City Of Baytown FY 2009-2010 Budget Review Dates - City Management. City Manager Garry Brumback presented Resolution 1993 that scheduled Budget Work Sessions for August 4, 5, and 6, 2009 at 2:00 P.M. The City Charter requires the City Manager to submit the proposed budget to Council at least 60 days prior to the beginning of the fiscal year. It is anticipated that the budget will be delivered to the Council at the regular Council meeting on July 23, 2009. In years past the Council has called a series of Work Sessions in early August to review the budget and following last year's schedule, Special Work Sessions were called for on August 4, 5 and 6 at 2:00 P.M. The review is generally completed in two days but the third session is posted in advance in case the additional time is needed. Budget discussions will continue during Regular Council meetings, including public hearings, and culminating in the Council consideration for adoption on September 10, 2009. The regular MDD meeting is Thursday, August 6, 2009 at 4:30 P.M.; therefore, if a Work Session is held, it will need to recess or adjourn by 4:30 P.M. Motion was made by Council Member McCartney, seconded by Council Member Caskey approving Resolution 1993 with the dates of August 5, 6, and 7. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL WORK SESSION MEETINGS TO BE HELD ON AUGUST 5, 6, AND 7, 2009, AT 2:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, Page 13 of 25 Minutes of the June 11, 2009 City Council Regular Meeting BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Grant Application for U.S. Department of HUD 2009-2010 Community Development Block Grant(CDBG) Funds - Planning and Development. City Manager Garry Brumback presented a proposed resolution that would have authorized the City of Baytown to submit an application to the United States Department of Housing and Urban Development for the 2009-2010 Community Development Block Grant (CDBG) Budget as recommended by the Community Development Advisory Committee. The Community Development Advisory Committee (CDAC) is comprised of nine concerned citizens appointed by City Council. CDAC is charged with preparing a Community Development Block Grant budget recommendation for City Council's consideration. Staff solicited funding proposals from local organizations for programs designed to benefit low to moderate persons and areas in Baytown. There were 17 proposals reviewed totaling $2,019,160. The CDAC held two public hearings to hear verbal requests and ask questions of the applicants. They held a subsequent meeting to discuss the proposals and prepare a budget recommendation. On May 19, 2009, the CDAC finalized their budget recommendations, which includes 13 programs totaling $1,060,097. Staff agreed with the presented recommendation. City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget, which will be submitted as the 2009-10 CDBG Action Plan. The approval of the proposed resolution authorized the application to the United States Depai intent of Housing and Urban Development for the 2009-10 Community Development Block Grant funds and designated the City Manager as the authorized representative to accept and affirm any grant awarded as a result of the application. The City must submit an annual application and proposed Action Plan to the United States Department of Housing and Urban Development to receive the CDBG Entitlement grant. Amount Budgeted& Source of Funding FY09 CDBG Annual 830,967 Entitlement Anticipated FY08 I163,812 Unexpended Funds Anticipated FY09 Program Income 65,318 i Total Available 11,060,097 City Manager Brumback stated that due to a change made to the proposal by HUD, final approval of said document could not take place at the current meeting,but that instead the Page 14 of 25 Minutes of the June 11, 2009 City Council Regular Meeting proposal would be presented for final action at the July 23, 2009, City Council Meeting after the mandates 30 day posting period has been completed. 5. CONSENT A motion was made by Council Member Sheley, seconded by Council Member Sain approving Consent Items: 5.a., 5.b., 5.c., 5.d., 5.e., 5.f., 5.g., 5.h., 5.i., 5.j., 5.k., and 5.1. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. a. Ordinance 11,131: Closeout of Garth Road and Independence Boulevard Signalization Project- Engineering. Ordinance 11,131 provided approval for final payment in the amount of $7,224.02 to Pfeiffer & Son, LTD and accepts the Garth Road and Independence Boulevard Signalization Project. The final cost for the project was $144,480.45 and the original contract amount was for $139,740.00. There was one Change Order totaling $4,740.45 for materials extending the looped inductive vehicle detectors that activate the traffic signal heads. The scope of this work included the materials and installation of mast arm poles, traffic signal heads, looped inductive vehicle detectors, and a signalization control cabinet. The contractor finished the work within schedule and the signal has been active since November 2008. The workmanship was satisfactory. ORDNANCE 11,131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE GARTH ROAD AND INDEPENDENCE BOULEVARD SIGNALIZATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN THOUSAND TWO HUNDRED TWENTY-FOUR AND 02/100 DOLLARS ($7,224.02) TO PFEIFFER & SON, LTD., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 11,132: Contract for Updating Master Drainage Plan for the City of Baytown -Engineering. Page 15 of 25 Minutes of the June 11, 2009 City Council Regular Meeting Ordinance 11,132 authorized a Professional Services Agreement with Klotz Associates, Inc., to update the City of Baytown Master Drainage Plan in the amount not to exceed $224,945. This includes $200,945.00, for engineering services; compensation for reimbursable services in the amount not to exceed $9,000.00; and for Landscape Consultant fees in the amount not to exceed $15,000.00. The contract states that Klotz Associates, Inc. will conduct an update to the City of Baytown Citywide Master Drainage Plan and will provide recommendations for necessary, in order to accommodate the City's growth and future needs. The plan will focus on sub-regional detention basins and other applicable improvements. The plan will provide options to future developments to buy into sub-regional detention basins and to avoid the proliferation of small on-site detention basins that take up developable land and are not always built or maintained to provide benefits to the City of Baytown or its citizens. The detention basins will be configured to serve as dual use facilities where practical. The final report will complement the current edition of the Baytown Comprehensive Drainage Plan dated February 2000. The preliminary engineering review shall take approximately 365 calendar days from notice to proceed. ORDINANCE 11,132 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 A PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR AN UPDATE TO THE CITY OF BAYTOWN MASTER DRAINAGE PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-FOUR THOUSAND NINE HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($224,945.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 11,133: Closeout of Public Works Storage Building Project - Engineering. Ordinance 11,133 provided approval for a final payment of $29,482.97 to Montgomery Building Services, LLC, and acceptance the Public Works Maintenance Building Project. The final cost for this project was $231,404.27 and the original contract was for $220,500.00. Four change orders were executed administratively for a total of $10,904.27. The change orders were to add additional ITS conduit, electrical additions for a welding machine, saw cutting of existing slab to prevent cracking, and removal of additional concrete from site. Page 16 of 25 Minutes of the June 11, 2009 City Council Regular Meeting The scope of work included the construction of a 114' x 40' metal building. The contractor went over the original contract by seventy-four (74) days; the original contract duration was for one hundred and fifty (150) days. This was due to the Hurricane and manpower issues. The contractor's workmanship was satisfactory. ORDINANCE 11,133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PUBLIC WORKS MAINTENANCE BUILDING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-TWO AND 97/100 DOLLARS ($29,482.97) TO MONTGOMERY BUILDING SERVICES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 11,134: Annual Demolition of Commercial Structures Contract #047-09 -Purchasing. Ordinance 11,134 awarded the Annual Demolition of Commercial Structures Contract to J.T.B. Services, Inc., in the amount of $400,000.00. Invitations to bid were sent to twenty-four contractors, and six responses were received. This is a new and separate contract from the Demolition of Residential Structures that was awarded last year. The Planning and Development Services Depailment, Community Development Division, will oversee all demolition of commercial structures for the City and a minimum work order of 5,000 square feet will be packaged for the contractor to perform demolition services. The City will pay an "adder fee" in addition to square footage costs for any demolition package less than 5,000 square feet that the city requires on an emergency basis. J.T.B. Services is the current contractor for the successful demolition of residential structures contract awarded last year. The criteria for award of the Commercial Structures Demolition contract includes best value addressing previous work history and experience with commercial demolition; past experience with the City of Baytown; pricing for demolition; and, pricing for asbestos removal. Commercial Structures Demolition includes all abatement removal. J.T.B. Services has performed excellent service for the City in the past. One of the larger projects J.T.B. Services, Inc. performed was the successful commercial demolition of the Taft Circle Apartments' Project. ORDINANCE 11,134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES, INC., FOR THE ANNUAL DEMOLITION OF COMMERCIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF FOUR HUNDRED Page 17 of 25 Minutes of the June 11, 2009 City Council Regular Meeting THOUSAND AND NO/100 DOLLARS ($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance 11,135: Repeal Ordinance 11,117 and Reauthorize Purchase of(2) Dodge Dually Trucks through Houston-Galveston Area Council (H-GAC) - Purchasing. Ordinance 11,135 repealed Ordinance No. 11,117 passed on May 14, 2009, which authorized the purchase of two 2009 Dodge dually trucks from Planet Dodge through the Houston-Galveston Area Council (H-GAC), and reauthorizes such purchase from Dallas Dodge through HGAC. The cost of the two 2009 Dodge 3500 Dually D13L62 trucks from Dallas Dodge through the Houston-Galveston Area Council (H-GAC) totals $53,110.00. The H-GAC fee of$600.00 is assessed per each purchase order and is included in the total amount. Planet Dodge no longer has a contract with H-GAC and the new contract for Dodge trucks is with Dallas Dodge. The sales representative from Planet Dodge erred by submitting quotes on H-GAC paperwork without having the contract. All trucks to be purchased are replacements and described in detail below: I I New Vehicle Amount Budgeted Acr9 Department Vehicle Replaced 2009 Dodge 13500, Diesel 1- Ton Dually Parks/Motor Unit #592, 1998 D13L62 with $26,460 $35,000 50210-84043 Vehicles Chevy 2500 Pickup, Gooseneck Mileage 70,726 hitch II �L 2009 Dodge I I Traffic Unit #101656, 2001 3500, Diesel 1- Control/ Chevy 3500 Flat bed Ton Dually $26,050 $36,000 30210-84043 D13L62 with Motor Pickup, Mileage lift gate 11 Vehicles 145,369 ORDINANCE 11,135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 11,117, PASSED ON MAY 14, 2009, WHICH AUTHORIZED THE PURCHASE OF TWO 2009 DODGE 3500 DUALLY D13L62 TRUCKS FROM PLANET DODGE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL; REAUTHORIZING SUCH PURCHASES IN THE AMOUNT OF FIFTY-THREE THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS ($53,110.00) FROM DALLAS DODGE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL; Page 18 of 25 Minutes of the June 11, 2009 City Council Regular Meeting MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance 11,136: Renewal of the Annual Liquid Chlorine Contract #049-09 - Purchasing. Ordinance 11,136 awarded the renewal of the Annual Liquid Chlorine Contract to Altivia Corporation in the amount of $107,944.00. Altivia Corporation submitted a written request to renew the current contract for the same pricing, terms, and conditions. Current price per ton is $470.00. This contract is used for chlorination in the City of Baytown's Wastewater Treatment Plants. ORDINANCE 11,136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH ALTIVIA CORPORATION FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance 11,137: Annual Repair Clamps Contract#035-09 -Purchasing. Ordinance 11,137 awarded the Annual Repair Clamps Contract to Act Pipe & Supply in the amount of$60,444.41. Invitations to bid were sent to six suppliers, and four responses were received. This contract is used for water rehabilitation, water distribution, water taps, and utility construction projects. ORDINANCE 11,137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ACT PIPE & SUPPLY FOR THE ANNUAL REPAIR CLAMPS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY THOUSAND FOUR HUNDRED FORTY-FOUR AND 41/100 DOLLARS ($60,444.41); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance 11,138: Approval of Advertising Budget of the Baytown Little Theater- City Administration. Page 19 of 25 Minutes of the June 11, 2009 City Council Regular Meeting Ordinance 11,138 approved the advertising budget of The Baytown Little Theater, Incorporated(the "BLT") pursuant to its Agreement for Advertising Services with the City of Baytown. On November 13, 2008, the City Council approved an advertising agreement with the BLT via Ordinance 11,008. Such agreement provides that BLT may receive hotel occupancy tax revenues for qualified expenditures that are in a budget approved by the City Council. At the time of the approval of the agreement, the BLT had not yet submitted its budget. Resolution 11,138 approved the recently submitted budget as expenses eligible for funding from the hotel occupancy tax revenues collected by the City of Baytown. ORDINANCE 11,138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET OF THE BAYTOWN LITTLE THEATER, INCORPORATED, FOR OPERATIONS TO BE FUNDED BY HOTEL OCCUPANCY TAX REVENUES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance 11,139: Community Development Block Grant Housing Rehabilitation Projects 713 W. Nazro and 412 Casey-Planning and Development. Ordinance 11,139 awarded the Housing Reconstruction Projects for 713 W. Nazro and 412 Casey. Ordinance 11,139 awarded two Housing Reconstruction Projects to MLG Construction 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. Five contractors picked up the bid packages and attended the mandatory pre-bid conference. Two of the contractors submitted a bid and one submitted a"no bid". The Housing Reconstruction Project located at 713 W. Nazro was proposed in the amount of$44,999.00 to construct a three bedroom, one bath, approximately 1095 square foot, ADA-accessible home. The existing 1160 square foot home was built in 1935 and required extensive repairs to make it code compliant. The work write-up estimated $34,394.00 for repairs, which exceeds the program's $25,000.00 limit to make repairs. Staff recommended that this building be demolished and rebuilt. The Housing Reconstruction Project located at 412 Casey was proposed in the amount of $44,999.00 to construct a three bedroom, one bath, approximately 1035 square foot, ADA-accessible home. The existing 1196 square foot home was built in 1940 and Page 20 of 25 Minutes of the June 11, 2009 City Council Regular Meeting required extensive repairs to bring it into code compliance. The work write-up estimate is $80,860.00, which exceeds the program's $25,000.00 limit to make repairs. Staff recommended that this building be demolished and rebuilt. ORDINANCE 11,139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECT LOCATED AT 713 W. NAZRO AND 412 CASEY TO MLG CONSTRUCTION COMPANY FOR THE SUM OF EIGHTY-NINE THOUSAND NINE HUNDRED NINETY-EIGHT AND NO/100 DOLLARS ($89,998.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Ordinance 11,140: WEB Emergency Operations Center Annual Agreement - Emergency Management. Ordinance 11,140 authorized an Interlocal Agreement with the Cities of LaPorte, Deer Park, and Pasadena to share the annual licensing and operating costs for WEB Emergency Operating Center in the amount of$2,205.00. In late 2006, the Cities of Baytown, LaPorte, Deer Park, and Pasadena began the process of securing Houston UASI grant funding to purchase WEB EOC software for these communities. WEB EOC is a state-wide standard EOC operations and reporting software that provides for a form of seamless interoperable communications between Cities, counties and the state EOC. The grant was given to Pasadena for the purchase of WEB EOC and the development and training program began just before hurricane season 2008. Unfortunately the software was not yet ready for use in Hurricane Ike, but has now been completed. Pursuant to the agreement, the City of Baytown will pay its fair, pro-rated share of the annual reoccurring costs for the software. This item was funded by a line item in the approved 2008/2009 Emergency Management Budget. ORDINANCE 11,140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITIES OF LAPORTE, DEER PARK, AND PASADENA TO SHARE THE ANNUAL LICENSING AND OPERATING COSTS FOR WEB EMERGENCY OPERATING CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWO THOUSAND TWO HUNDRED FIVE AND NO/100 DOLLARS ($2,205.00); MAKING OTHER PROVISIONS Page 21 of 25 Minutes of the June 11, 2009 City Council Regular Meeting RELATED THERETOAND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Resolution 1994: Grant Application for Police Academy Equipment and Training- Police Department. Resolution 1994 authorized the City to apply for grant funds from the Criminal Justice Division ("CJD") of the Texas Governor's Office for the purchase of Police Academy equipment and tuition for instructor certification. This grant includes funding in the amount of$349,859.01. The items requested in this application will improve current facilities, enhance training and add equipment and tools. By augmenting the technological and realistic aspects of police training, officers will be better prepared to respond appropriately, professionally and confidently to any given situation resulting in a higher level safety for both officers and the public. Currently, the Academy trains law enforcement personnel from more than 150 regional agencies from 46 different counties across Southeast Texas. Since 2006, instructional services have been expanded with funds from a previously awarded grant. If awarded additional monies through the current grant request, the Academy will be able to increase those services and impact an even wider target area. The Grant award does not require matching funds and award recipients will have funds available for the Fiscal Year 10/01/2009 through 09/30/2010. This grant is funded by the American Recovery and Reinvestment Act of 2009: Edward Byrne Memorial Justice Assistance ("JAG")Formula Grant Program(Stimulus) ORDINANCE 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE TEXAS GOVERNOR'S OFFICE FOR FISCAL YEAR 2009-10 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT PROGRAM (STIMULUS) IN THE AMOUNT OF THREE HUNDRED FORTY-NINE THOUSAND EIGHT HUNDRED FIFTY- NINE AND 01/100 DOLLARS ($349,859.01); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Resolution 1995: Grant Application for U.S. EPA, Brownfields Assessment Grant Program FY2010 - City Management. Page 22 of 25 Minutes of the June 11, 2009 City Council Regular Meeting Resolution 1995 authorized the City of Baytown to submit a grant application to the U.S. Environmental Protection Agency (EPA) for the FY2010 Brownfield's Assessment Competitive Grant Program. A Brownfield is defined as real property that the expansion, redevelopment or reuse of may be complicated by the presence,potential presence or perception of a hazardous substance,pollutant or contaminant. The goals of the Assessment Grant Program include identifying sites, planning activities, completing environmental assessments and community outreach. If funded, the award can be used for a variety of activities including: • Site(s) inventory: Compile a listing • Site(s) characterization: Identify past uses • Site(s) assessment: Determine existing contamination • Cleanup and Redevelopment Planning: Scope and plan process • Community Involvement: Inform and encourage community participation The EPA Brownfields Assessment Grant requires no local matching funds. Based on EPA budget limitations, the City's grant request will not exceed $400,000.00. The performance period for this grant is three years. ORDINANCE 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE FY2010 BROWNFIELDS ASSESSMENT COMPETITIVE GRANT PROGRAM IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Baytown Municipal Development District(6) - City Clerk. Considered six appointments to the Baytown Municipal Development District for a two year term beginning on June 1, 2009 and ending on May 31, 2011 or until the Mayor/Council Member ceases to hold office as a member of the Baytown City Council. The Municipal Development District (MDD) appointment eligibility criteria established by City Council states that a director must reside in the City of Baytown; candidates with experience in economic development issues, real estate and/or business Page 23 of 25 Minutes of the June 11, 2009 City Council Regular Meeting practices are preferred. The elected members of City Council serve along with four citizens at large for two year terms. There were (6) Directors being considered for reappointment and they are: Director Lena R. Yepez is currently an elected member of the City Council and has served as a member of the Board since June 06, 2007; her reappointment will have a term of June 01, 2009 to May 31, 2011 or until she ceases to serve as a member of the Council. Director Scott Sheley is currently an elected member of the City Council and has served as a member of the Board since June 26, 2001; his reappointment will have a term of June 01, 2009 to May 31, 2011 or until he ceases to serve as a member of Council. Director Stephen H. DonCarlos is currently an elected member of the City Council and has served as a member of the Board since May 25, 2006; his reappointment will have a term of June 01, 2009 to May 31, 2011 or until he ceased to serves as a member of Council. Director Brandon Capetillo is currently an elected member of the City Council and has served as a member of the Board since May 26, 2005; his reappointment will have a term of June 01, 2009 to May 31, 2011 or until he ceased to serves as a member of Council. Director Kirven Tillis is an at-large member and has served as a member of the Board since March 12, 2009; his reappointment will have a term of June 01, 2009 to May 31, 2011. Director Ruben Linares is an at-large member and has served as a member of the Board since August 07, 2008; his reappointment will have a term of June 01, 2009 to May 31, 2011. Motion was made by Council Member Sheley, seconded by Council Member Sain reappointing Lena R. Yepez, Scott Sheley, Stephen DonCarlos, Brandon Capetillo, Kirven Tillis, and Ruben Linares to the Baytown Municipal Development District. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried b. Urban Rehabilitation Standards Review Board (1) Engineer- City Clerk. Considered appointing Mr. Michael Brosseau to the Urban Rehabilitation Standards Review Board(URSRB) filling the position of Engineer. Page 24 of 25 Minutes of the June 11, 2009 City Council Regular Meeting The Urban Rehabilitation Standards Review Board has seven members one of which is required to be an Architect or an Engineer. This item is for the purpose of considering appointing Michael Brosseau to the Urban Rehabilitation Standards Review Board (URSRB) to the seat for Engineer. Motion was made by Council Member Sheley, seconded by Council Member Capetillo appointing Mr. Michael Brosseau to the URSRB position of Engineer. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried 7. EXECUTIVE SESSION a. Executive Session: Section 551.074 Personnel Matters. 7:21 P.M. Mayor DonCarlos recess the City Council into and conducted an Executive Session Pursuant to Texas Government Code, Section 551.074 to deliberate the evaluation and/or administration of duties of the City Manager, Deputy City Manager and Assistant City Manager. 9:30 P.M. Mayor DonCarlos reconvened the open meeting of the City Council of the City of Baytown and announced that in accordance with the Section 551.102 of the Texas Open Meetings, Act, no action was taken in Executive Session. 8. MANAGER'S REPORT City Manager Garry Brumback presented an update to the City of Baytown Legislative Agenda and stated that the City of Baytown was very successful in this year's legislature due in part to the assistance of Representative Wayne Smith and Senator Tommy Williams. The Municipal Development District legislation was passed by the Texas Legislature and is pending signature by Texas Governor Perry; approval was received for the use of funds on the Veteran's Memorial Highway, which is also pending the Governor Perry's signature and the two pieces of barge terminal legislation were not successful,but overall a successful legislative session. City Manager Brumback stated that Representative Smith has agreed to attend a City Council meeting in July to recap the legislative session, which is a good opportunity to thank him for his efforts and assistance. Page 25 of 25 Minutes of the June 11, 2009 City Council Regular Meeting 9. ADJOURN Motion was made by Council Member Sain, seconded by Council Member Caskey adjourning the June 11, 2009, Regular Meeting. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, Sain,McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. 9:34 P.M. Mayor DonCarlos adjourned the Regular City Council Meeting of June 11, 2009. Kaythie Darnell, City Clerk City of Baytown