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2009 09 24 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 24, 2009 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 24, 2009, at 6:36 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member Terry Sain Council Member David McCartney Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Karen Horner Assistant City Attorney Leticia Garza Interim City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the September 24, 2009, Regular Meeting with a quorum present at 6:36 P.M. Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Yepez. 1. MINUTES a. Approve Minutes of the City Council Work Session and Regular Meeting held on September 10, 2009- City Clerk. Motion was made by Council Member McCartney, seconded by Council Member Caskey approving the minutes from the September 10, 2009, City Council Work Session and Regular Meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 2 of 32 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Years of Service Awards - City Management. City Manager, Garry Brumback recognized employees for their years of service to the City of Baytown(5, 10, 15 plus years). 10 YEAR: Jeffrey Kelly, EMS Supervisor 20 YEAR: Suzanne Tallent,Utility Billing Collections Manager 40 YEAR: Bernard Olive, Assistant Fire Chief Mayor DonCarlos presented Mr. Olive with an award from the United Congressional Records and United States House of Representative on behalf of State Representative Gene Green. Former Mayor Pete Alfaro presented his appreciation to Mr. Olive for his years of service under his term as Mayor. b. Employee and Team of the Month of August- City Management. City Manager, Garry Brumback recognized the August Employee and Team of the Month. AUGUST EMPLOYEE OF THE MONTH Mr. Terry Lindsey was recognized for his outstanding work in taking the initiative to accept responsibility for the building demolition program and the Urban Rehabilitation Standards Board that includes the Vacant Building Ordinance. He developed forms, implemented new procedures, and even added a monthly report to the URSRB agenda, in order to keep the board fully informed about the status of the work they ordered. He also worked with Frost Bank to provide customer friendly solutions to their demolition issues and even though demolition work is full of conflict and stress for customers, people have nothing but compliments on how helpful Terry is. The City is proud to call him an employee of the month since he so well exemplifies the City's core values. CITY OF BAYTOWN TEAM OF THE MONTH FOR AUGUST 2009 This month's winners were submitted by a citizen to Administration. The Streets/Drainage and Utilities crew worked as a team to repair a broken water line and reconstruct the driveway. The two crews showed great teamwork when they came together to get the job done. This work was performed in the hottest part of the day, with physical endurance sometimes digging in water up to their waist. The crews showed a desire to not only do a good job, but to do the best job possible. Their competence allowed them not only to make the necessary repairs to restore the driveway but they Minutes of the September 24, 2009 City Council Regular Meeting Page 3 of 32 repaired the surrounding areas of the yard that were also in need of repair. They exemplified a high level of service and integrity by completing the task in a very professional manner. They were respectful of the needs of the citizen and demonstrated it by their dedication and hard work to get the job done as quickly as possible. Both crews joined together to become one team and displayed the core values of the City of Baytown. c. Youth Advisory Commission School Survey- Council Member Scott Sheley. Council Member Sheley presented the agenda item and stated that this survey will be distributed to all businesses and eight grade through high school students in Baytown; the survey can be accessed on the City of Baytown's website. Mayor DonCarlos thanked Mr. Sheley, the Chamber, Economic Development Foundation,the schools and Lee College for their participation with this document. 3. REPORTS a. Receive Tourism and Bayou Bowl Report- Chamber of Commerce. Ms. Traci Wheeler presented the Annual Tourism and Bayou Bowl Reports from the Baytown Chamber of Commerce. The Bowl included: a celebrity golf tournament held at Goose Creek Country Club, the hosting of the 3rd fan fest held at San Jacinto Mall, the player's banquet held at Memorial High School with about 270 people, a bowl ring to each player, autographed footballs to coaches and players, profit plus water bottles, food catered by local restaurant Roosters, and the Bayou Bowl Tailgate Blowout held at Bridgewater hosted by the Highlands and Baytown Go Texan Committee. The Bayou Bowl week activities include: check in on Tuesday with greetings from the cheerleaders with bags prepared by the Chamber and snacks for the week; photo shoots and media day was also on Tuesday; McDonalds provided breakfast daily; the Baytown Shrine Club fed them once during the week; players attended Schlitterbauhn; both teams toured the Shriners Hospital in Houston on Thursday; Executive Catering, a local restaurant, catered the Pregame dinner that was held on Saturday at the San Jacinto Mall; and the West Chambers County Chamber hosted lunch at the Eaglepoint Wavepool. The Bayou Bowl booked 100 rooms for five nights for the players and coaches impacting the City of Baytown of more than $500,000. Room tax alone generated some $3,000 in sales tax which will be given back to the City. In addition, sales tax generated from other retail facilities were approximately $6,000 given a total of$9,000 in sales taxes. Ms. Wheeler indicated that the tourism center received visitors from all over the state and other countries. A presentation along with the new updated brochure for the City of Baytown as also presented. The brochure won 1st place as the best brochure in the State of Texas through the Texas Chamber of Commerce Executives Association and has been distributed throughout the state. The Baytown is a great place to live ad was advertised 8 times through the Bayou Bowl Game on Fox Sports Network. The tourism center provided information on various local activities in the City of Baytown. A Tourism Minutes of the September 24, 2009 City Council Regular Meeting Page 4 of 32 Advisory Board was developed and meets quarterly to promote new ideas for the area. The tourism director position has been vacant since July and interviews are in progress. The proposed budget for 2010 is $60,000 which includes the salary for the tourism director. During the slide presentation, Ms. Wheeler indicated that the tourism website also won 1st place through the Texas Chamber of Commerce Executives Association. Ms. Wheeler indicated the possibility of providing trained volunteers, through the Chamber of Commerce, for the new visitor's center. b. Unified Land Development Code (ULDC) Task Force Update - ULDC Task Force Member. Ms. Brenda Bradley Smith presented the Unified Land Development Code (ULDC) Task Force update and stated that the task force compiled a work program and citizen participation schedule, in order to increase citizen participation, and proposed the following meeting dates to be held in different areas of the City on October 29, November 05, 10, 17, and 19, 2009. 4. PROPOSED ORDINANCES a. Donation Collection Bin Ordinance-Health and EMS. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,192 amended Chapter 42 "Health and Sanitation," Article I "In General" of the Code of Ordinances, Baytown, Texas, to prohibit "un-manned" outdoor donation collection bins within the City. Pursuant to the ordinance, no outdoor donation collection bins may locate within the City after the effective date of the ordinance. The only exceptions are those donation collection stations that are staffed and for newspaper recycling collection bins. Under Ordinance No. 11,192 all existing bins must be removed within 30 days after written notice is given to the property owner as well as to the collection bin operator if an address is noted on the bin. If the donation collection bins are not timely removed, the City will remove them and hold them for a period of time before disposing of the bin and its contents. Motion was made by Council Member McCartney, seconded by Council Member Caskey approving Ordinance No. 11,192. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 5 of 32 ORDINANCE NO. 11,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE I "IN GENERAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 42-1 "DONATION COLLECTION BINS" TO PROHIBIT THE PLACEMENT OF DONATION COLLECTION BINS WITHIN THE CITY; CONTAINING 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 THE EFFECTIVE DATE THEREOF. b. Adopting the Tax Rate for Fiscal Year 2009-10 - Finance. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,193 adopts the tax rate for General Fund Maintenance and Operations at $0.45700 per $100 valuation for the fiscal year ending September 30, 2010 and adopting the tax rate for Debt Service at $0.33003 per$100 for the fiscal year ending September 30, 2010. The City's tax rate consists of the following two components; each of which must be approved separately: 1. the rate that, if applied to the total taxable value will impose the amount of taxes needed to fund maintenance and operation expenditures of the City for the next year; and 2. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to pay debt service. Ordinance No. 11,193 adopts the tax rate for General Fund Maintenance and Operations at $0.457 per $100 valuation for the fiscal year ending September 30, 2010, and adopts the tax rate for Debt Service at $0.33003 per $100 for the fiscal year ending September 30, 2010. These rates are unchanged from fiscal year 2008-09. Motion was made by Council Member Sain, seconded by Council Member Capetillo approving Ordinance No. 11,193. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 6 of 32 ORDINANCE NO. 11,193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Collective Bargaining Agreement with the International Association of Firefighters Local 1173 - City Management. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,194 amends the Collective Bargaining Agreement with the International Association of Firefighters Local 1173. The three-year Collective Bargaining Agreement (CBA) approved in 2007 calls for the re-opening of the agreement annually to establish wages for the upcoming year. The bargaining sessions were conducted solely by City staff and local Union representatives. Only three bargaining sessions were necessary to reach agreement on the limited scope of items discussed. The City's bargaining team was City Attorney Ignacio Ramirez, Civil Service Legal Advisor Ford Hamilton and Deputy City Manager Bob Leiper. The proposed CBA has been ratified by the membership in the Baytown Professional Firefighters Association. The proposed CBA keeps salaries for members in the bargaining unit the same as in 2008-09 unless other city employees not covered by the CBA receive an across-the-board raise. If such across-the-board raise is given to employees not covered by the collective bargaining unit, then the civil service employees subject to the CBA will also receive an across-the-board increase of the same percentage. Employees below the classification of Assistant Chief will receive any across-the-board increase as a part of their base salaries. Employees in the classification of Assistant Chief will receive any such across-the-board increase as a one- time classification pay, not an increase to base salary, as the base salary of Assistant Chiefs are currently above market according to a recent survey conducted by the City and the Union. Increases under the agreement will be given at the same time that increases are given to other City employees. Minutes of the September 24, 2009 City Council Regular Meeting Page 7 of 32 City Manager Brumback commended the commitment and leadership of Fire Chief Shon Blake and International Association of Firefighters Local 1173 President Mark Medrano in ensuring that the bargaining process was a true and fair collaborative effort. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving Ordinance No. 11,194. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 1, 2007 — SEPTEMBER 30, 2010, BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Authorize Final Offer for 220 W. Pearce and Proceedings in Eminent Domain - City Management. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,195 authorizes the City Attorney to take the actions necessary to acquire the property located at 220 W. Pearce Street from Ronnie G. Hill and/or Herlinda Gerlindo for a development project, including making a final offer and instituting a proceeding in eminent domain in the event that the offer is refused or ignored. The property is necessary for one or more development projects in the Texas Avenue area. The City has been working to obtain the property, but such efforts have been unsuccessful largely because the owner is unable to convey clear title. As such, this proposed ordinance allows the City Attorney to take actions necessary to acquire the property through proceedings in eminent domain, which will resolve the title issues involved in this transaction. The City has obtained a summary appraisal of the property, on which a fourplex apartment building is located, and will offer the owner the amount for which the property is appraised, which is $84,000. Minutes of the September 24, 2009 City Council Regular Meeting Page 8 of 32 Motion was made by Council Member Sheley, seconded by Council Member Caskey approving Ordinance No. 11,195. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE A FINAL OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNER OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF 220 W. PEARCE STREET, BAYTOWN, HARRIS COUNTY, TEXAS, WHICH IS REQUIRED FOR THE DEVELOPMENT OF ONE OR MORE DEVELOPMENT PROJECTS IN THE TEXAS AVENUE AREA; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. e. Amendment No. 2 to the Agreement with Harris County for Circulator Bus Service- City Management. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,196 authorizes Amendment No. 2 to the Interlocal Agreement with Harris County for the Circulator Bus Service in the City of Baytown. Under the proposed amendment, an additional route is included in the circulator bus service program and the City agrees to contribute an additional $23,000 for this additional route; Lee College is also contributing funding for the local transit service expansion. This route is similar to the "Ike Route" that was used after the hurricane to assist residents in getting to the FEMA and Social Service agencies. After the approval of this agreement by Harris County Commissioners Court signage will be installed. Minutes of the September 24, 2009 City Council Regular Meeting Page 9 of 32 Motion was made by Council Member McCartney, seconded by Council Member Sheley approving Ordinance No. 11,196. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Intersection Improvements for Market Street at Wisconsin Street Project - Engineering. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,197 awards a construction contract for Intersection Improvements for Market Street at Wisconsin Street to D&W Contractors, Inc. in the amount of$59,555.00. This project will realign this intersection to make Wisconsin intersect Market Street at a 90 degree angle, thus improving safety and traffic flow; the project has a duration of 45 calendar days. The City received eight bids; staff and Midtown Engineers, the engineering firm for the project, recommend that the bid be awarded to D & W Contractors, Inc. Motion was made by Council Member Caskey, seconded by Council Member Sheley approving Ordinance No. 11,197. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 10 of 32 ORDINANCE NO. 11,197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D&W CONTRACTORS, INC., FOR THE INTERSECTION IMPROVEMENTS FOR MARKET STREET AT WISCONSIN STREET PROJECT; AUTHORIZING PAYMENT OF A SUM OF FIFTY-NINE THOUSAND FIVE HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($59,555.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Purchase of Speed Alert Equipment and Software - Purchasing. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,198 authorizes the purchase of two (2) Speed Alert Trailers, four (4) Pole-mounted Speed Sentries, four (4) Solar Panels, one (1) PDA (Personal Digital Assistant) and (1) PDA Application Software for the Traffic Department in the amount of $57,660 to All Traffic Solutions, a division of Intuitive Control Systems, LLC,through the USA General Services Administration (GSA). All speed alert equipment and software is funded by the Red Light Camera Traffic Safety Program. The Local Preparedness Acquisition Act (P.L. 110-248) amended the Federal Property and Administrative Services Act to authorize the use of Federal Supply Schedule 84 contracts by state and local entities under the GSA Cooperative Purchasing Program. The General Services Administration Acquisition Manual, Part 538.7001, defines state and local government as: The States of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities, school districts, colleges, and other institutions of higher education, council of governments, regional or interstate government entities. By this definition the City of Baytown qualifies as a state and local government entity and, as such, is qualified to participate in the GSA Cooperative Purchasing Program. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving Ordinance No. 11,198. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 11 of 32 ORDINANCE NO. 11,198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY- SEVEN THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS ($57,660.00) TO ALL TRAFFIC SOLUTIONS, A DIVISION OF INTUITIVE CONTROL SYSTEMS, LLC, THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE OF TWO (2) SPEED ALERT TRAILERS, FOUR (4) POLE-MOUNTED SPEED SENTRIES, FOUR (4) SOLAR PANELS, ONE (1) PDA (PERSONAL DIGITAL ASSISTANT) AND ONE (1) PDA APPLICATION SOFTWARE FOR THE TRAFFIC DIVISION OF THE PUBLIC WORKS/UTILITIES DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Depository Services Contract-Finance. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,199 authorizes the City Manager to negotiate and execute a depository services contract with JP Morgan Chase Bank. Requests for proposals for bank depository services were mailed to seven (7) local financial institutions. Three of the institutions submitted responses to the City and one no-bid was received. The proposals were very competitive and all met the minimum qualifications. The main factor that set the bidders apart was cost. After careful evaluation, JP Morgan Chase Bank was the recommended financial institution for the three-year contract period. JP Morgan Chase has the sophistication and depth of services that will enable the City to stay current with ever changing banking trends. The Finance Committee met on July 21, 2009, and approved this recommendation. The proposed agreement is expected to contain two one-year renewals that allow the City to extend the contract for a total period of five years as allowed by state law. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,199. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Minutes of the September 24, 2009 City Council Regular Meeting Page 12 of 32 ORDINANCE NO. 11,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DEPOSITORY SERVICES CONTRACT WITH JP MORGAN CHASE BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Adopting an Industrial District Agreement Policy- City Management. City Manager, Garry Brumback presented the agenda item and stated that Resolution No. 2007 repeals Resolution Nos. 1584 and 1585 and establishes a new Industrial District Policy together with a new Industrial District Agreement form. The City of Baytown has 30 active Industrial District Agreements (IDAs). These seven- year contracts provide payment in lieu of taxes in exchange for non-annexation of the industrial property. Every seven years the City Council approves a new Industrial District policy and form of agreement that becomes the model as existing agreements expire or new agreements are executed. The proposed IDA policy is similar to the current policy that became effective in 2002. The key revisions are: 1. The IDA "tax" rate will increase from 60% to 63% over the seven year life of the agreement. 2. A new 1% Beautification fee will be implemented and will be available for rebate to the company for approved beautification projects. If not utilized for site beautification, the funds will be available for use by the City on public beautification projects. 3. The "base value" concept will continue with the value set at the higher value of January 1, 2002, January 1, 2009 or the date on which a contract is executed. This base value allows for predicable revenue for the City for the term of the contract and also encourages economic development since added value is not taxed until the next contract period. The first contract that would be renewed under the revised IDA policy would be ExxonMobil whose contract expired in July 2009; the remainder of the contract renewals are staggered throughout the seven year period with Chevron Phillips renewing in 2010 and Bayer renewing in 2012. Motion was made by Council Member Caskey to amend the agreement presented and that the base rate be increased 1% each year and change the language from beautification to public civic improvement, seconded by Council Member McCartney. The vote was as follows: Minutes of the September 24, 2009 City Council Regular Meeting Page 13 of 32 Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Mayor DonCarlos requested that Mr. Calvin Mundinger to speak before Council regarding agenda this item. Former Mayor Mundinger stated that IDA's were a crucial part of the City of Baytown budget, history and stability and asked Council to use good judgment when negotiating a fair agreement with these industries. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Resolution No. 2007 as amended. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1584 AND 1585 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON APRIL 24, 2003; ESTABLISHING AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON JULY 26, 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Supporting Amendments to the Hotel/Motel Tax Legislation - City Management. City Manager, Garry Brumback presented the agenda item and stated that Resolution No. 2008 supports the introduction and passage of legislation amending the Texas Tax Code to permit the City of Baytown and the cities in Texas to utilize hotel/motel tax revenues for the improvement and maintenance of recreational facilities and for the support of fire, emergency medical and police services. The guests and occupants of the hotels and motels in the City of Baytown use and create demand on the recreation facilities of the City and also generate demands upon the fire, medical and police services of the City. As such, a percentage of the local hotel/motel Minutes of the September 24, 2009 City Council Regular Meeting Page 14 of 32 occupancy tax received by the City should be able to be allocated to maintain recreational facilities of the City and to ensure that the local fire, medical and police protection agencies are adequately funded in order to provide for the additional public safety needs of the hotels/motels, their guests and occupants Motion was made by Council Member McCartney, seconded by Council Member Caskey approving Resolution No. 2008. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE INTRODUCTION AND PASSAGE OF LEGISLATION AMENDING THE TEXAS TAX CODE TO PERMIT THE CITY OF BAYTOWN AND OTHER CITIES IN TEXAS TO UTILIZE HOTEL/MOTEL TAX REVENUES FOR THE IMPROVEMENT AND MAINTENANCE OF RECREATION FACILITIES AND FOR THE SUPPORT OF FIRE, EMERGENCY MEDICAL, AND POLICE SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Grant Application to Lowe's Charitable and Education Foundation - Parks and Recreation. City Manager, Garry Brumback presented the agenda item and stated that Resolution No. 2009 authorizes the City to apply for grant funds from the Lowe's Charitable and Education Foundation Grant Program in the amount of$25,000 for the Reconstruction of the Children's Nature Discovery Area at the Baytown Nature Center. Resolution No. 2009 authorizes the City to apply for grant funds on behalf of the Parks & Recreation Department from the Lowe's Charitable and Education Foundation (CEF) Grant Program in the amount of $25,000. The Lowe's CEF program supports communities served by Lowe's stores through funding provided for public education, community improvement projects, and home safety initiatives. Lowe's CEF funds support projects that have a community improvement focus including park and neighborhood beautification projects, outdoor learning environments, and landscaping enhancements of facilities serving the community. Minutes of the September 24, 2009 City Council Regular Meeting Page 15 of 32 If funded, the grant will be used at the Baytown Nature Center toward the reconstruction of the Children's Nature Discovery Area which was destroyed by Hurricane Ike. The new Children's Nature Discovery Area will offer children a chance to learn about their natural environment through observation and play. The grant award maximum from the Lowe's CEF is $25,000 and no matching funds are required from the City of Baytown. However, if awarded, the project will require additional funding to complete the reconstruction from other sources including, but not limited to, Friends of the Baytown Nature Center, FEMA (reimbursement) and the Parks & Recreation Department Budget. The application will be submitted on October 14, 2009 and has a performance period of 12-months from the award date. Motion was made by Council Member Yepez, seconded by Council Member Sheley approving Resolution No. 2009. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION IN THE AMOUNT OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) TO THE LOWE'S CHARITABLE AND EDUCATIONAL FOUNDATION FOR THE PURPOSE OF RECONSTRUCTING THE CHILDREN'S NATURE DISCOVERY AREA AT THE BAYTOWN NATURE CENTER, WHICH WAS DESTROYED BY HURRICANE IKE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos suggested elevating the children's nature discovery area. d. CCAD Nomination- City Management. Council Member Caskey requested that this item be placed in the October 15, 2009 City Council agenda as he had no recommendation at this time. Minutes of the September 24, 2009 City Council Regular Meeting Page 16 of 32 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Directing Preparation of Service Plan for Property in Industrial District No. 1 - City Management. City Manager, Garry Brumback presented the agenda item and stated that Resolution No. 2010 directs the Planning and Development Services Department to prepare a service plan that provides for the extension of full municipal services to ExxonMobil Corporation's property located in Industrial District No. 1. Currently, a portion of property owned by ExxonMobil Corporation located within Industrial District No. 1 is within the City limits. This proposed resolution addresses the remaining properties in Industrial District No. 1. State law requires that before the publication of the notice of the first public hearing, the City Council must direct the service plan be prepared. This is the first step in the annexation process for properties that were previously subject to an industrial district agreement. Motion was made by Council Member Caskey, seconded by Council Member McCartney approving Resolution No. 2010. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE PREPARATION OF SERVICE PLANS FOR THE ANNEXATION OF EXXON MOBIL CORPORATION'S PROPERTY LOCATED WITHIN INDUSTRIAL DISTRICT NO. 1, IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes of the September 24, 2009 City Council Regular Meeting Page 17 of 32 6. MOTIONS a. Receive the 2009 Harris County and Chambers County Certified Appraisal Rolls- Finance. Receive the 2009 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. City Manager, Garry Brumback presented the agenda item and stated that the 2009 Harris County Appraisal Roll was certified on August 31, 2009. In accordance with Section 26.04(b) of the Texas Property Tax Code, the following values are submitted: Total Appraised Value $3,003,042,617 Total Taxable Value $2,189,454,796 Total Uncertified(Taxable Value) $275,580,629 The 2009 Chambers County Appraisal Roll was certified on July 17, 2009. In accordance with Section 26.04(b) of the Texas Property Tax Code, the follow values are submitted: Total Certified Taxable Value $153,809,390 The value used to determine the tax revenue in the FY 2009-10 budget is in line with the total taxable values represented above. Motion was made by Council Member Caskey, seconded by Council Member McCartney receiving the 2009 Harris County and Chambers County Certified Appraisal Rolls. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. b. Receive the 2009 Effective and Rollback Tax Rate Calculation-Finance. Receive the effective and rollback tax rate calculation for the 2009 tax year (Fiscal Year 2009-10). City Manager, Garry Brumback presented the agenda item and stated that in accordance with Section 26.04 of the Texas Property Tax Code, a Governing Body must receive the effective tax rate and the rollback rates which are calculated at $0.82928 and $0.84210 per $100 valuation, respectively. These rates and the method of calculation shall be published in accordance with section 26.004 of the Texas Property Tax Code. Minutes of the September 24, 2009 City Council Regular Meeting Page 18 of 32 Motion was made by Council Member Caskey, seconded by Council Member McCartney receiving the 2009 Effective and Rollback Tax Rate Calculation. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. 7. CONSENT Motion was made by Council Member Sheley, seconded by Council Member Caskey approving Consent Items: 7.a., 7.b., 7.c., 7.d., 7.e., 7.f., 7.g., 7.h., 7.i., 7.j., 7.k., 7.1., 7.m., 7.n., 7.o., and 7.p. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. a. Ordinance No. 11,200: Annual Sludge Disposal Annual Contract - Purchasing. Ordinance No. 11,200 awards the third renewal of the Annual Sludge Disposal Contract to Sprint Logistics Management, LLC, in the amount of$290,160.00. Sprint Logistics, formerly called Rustin Transportation, submitted a written request to renew the current contract for a 2.1% decrease in price per cubic yard; the new price per cubic yard is $28.29. This contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the four City of Baytown Wastewater Treatment Plants. Sprint Logistics continues to provide excellent service. ORDINANCE NO. 11,200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT LOGISTICS MANAGEMENT, LLC, F/K/A RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS ($290,160.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes of the September 24, 2009 City Council Regular Meeting Page 19 of 32 b. Ordinance No. 11,201: Thermo Pavement Markings Annual Contract - Purchasing. Ordinance No. 11,201 awards the third renewal of the Annual Pavement Markings Contract to Highway Technologies, L.P., in the amount of$179,745. Highway Technologies submitted a written request to renew the current contract for the same pricing, terms and conditions. This contract will be used for restriping of thermoplastic reflectorized pavement markings, thermoplastic railroad crossing legends and lane markings. Highway Technologies continues to provide excellent service. ORDINANCE NO. 11,201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH HIGHWAY TECHNOLOGIES, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY- NINE THOUSAND SEVEN HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($179,745.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance No. 11,202: Sole Source Purchase of Firefighter Protective Clothing-Purchasing. Ordinance No. 11,202 authorizes the sole source purchase of Fire Fighting Protective Clothing from Casco Industries, Inc., in the amount of$66,550.00. The Fire Department will purchase bunker gear and accessories for thirty-seven Firefighters in order to comply with NFPA 1851. Casco Industries, Inc., is the sole distributor for Globe Bunker Gear in the State of Texas and surrounding states. The National Fire Protection Association (NFPA) 1851 standard on selection, care and maintenance of protective ensembles for structural fire fighting and proximity fire fighting was implemented by the Texas Commission on fire protection that all structural personal protective equipment must be maintained, cared, and retired per the standard minimum specified. ORDINANCE NO. 11,202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-SIX THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($66,550.00) TO CASCO INDUSTRIES, INC., FOR THE PURCHASE OF GLOBE BUNKER GEAR AND ACCESSORIES FOR Minutes of the September 24, 2009 City Council Regular Meeting Page 20 of 32 THIRTY-SEVEN (37) FIREFIGHTERS IN ORDER TO COMPLY WITH NFPA 1851; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,203: Benefits Consultant Annual Contract - Human Resources. Ordinance No. 11,203 renews the contract with Holmes Murphy for benefits consultant/broker services in an amount not to exceed $ 40,000 for contract year October 1, 2009 through September 30, 2010. Holmes Murphy will provide the following services: • Conduct comprehensive review of summary plan descriptions, contracts, and employee summaries to outline variances and inconsistencies which may lead to employee litigation; • Clinical management for utilization monitoring, disease management, and wellness management; • Annual claims review and recommendations on funding, projections, rate structures and required reserves to maintain financial viability of the health benefits program; • Actuarial services and Underwriting expertise; • Notification of health care benefits or industry practices, costs, and trends on a local, regional and national basis and its effects on the public sector. The contract amount and services remain the same as last year. ORDINANCE NO. 11,203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE CONSULTING/BROKERAGE AGREEMENT WITH HOLMES, MURPHY & ASSOCIATES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 11,204: Employee Assistance Program Services (EAP) Annual Contract-Human Resources. Ordinance No. 11,204 renewed the annual contract to OptumHealth Behavioral Solutions for Employee Assistance Program Services (EAP). Minutes of the September 24, 2009 City Council Regular Meeting Page 21 of 32 Ordinance No. 11,204 renews the annual contract for Employee Assistance Program in an amount not to exceed $26,750 for contract year October 1, 2009 through September 30, 2010. There is no increase in price for the third year. The following services are provided: Six counseling sessions per incident or per problem for employees and their family members; Work/Life services (financial and legal services); Parenting and Adult/Elder Services; Critical incident stress debriefing; and training. ORDINANCE NO. 11,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH OPTUMHEALTH BEHAVIORAL SOLUTIONS, F/K/A UNITED BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY- SIX THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($26,750.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance No. 11,205: United Healthcare of Texas, Inc. Annual Contract - Human Resources. Ordinance No. 11,205 renewed the annual contract with United Healthcare of Texas, Inc. for Third Party Administrator of the City of Baytown Medical Claims and Stop Loss Coverage. Ordinance No. 11,205 authorizes United Healthcare of Texas, Inc. for Third Party Administrator (TPA) services in an amount not to exceed $923,956 for contract year October 1, 2009 through September 30, 2010. Since the City is self-insured, it utilizes a TPA to pay the medical claims, flexible spending accounts, PPO network fees, RX fees, and administrative fees. Additionally, the proposed ordinance renews the annual contract with United HealthCare for Specific and Aggregate Stop Loss Coverage for the City's health benefit program. The City is developing a long-term strategy, which will encourage employees to make healthy decisions, and more effectively utilize their health coverage. The City has a long- standing relationship with UHC. The current arrangement is efficient and effective with respect to pricing, network access, provider discounts, service, and improving the health of our employees. Minutes of the September 24, 2009 City Council Regular Meeting Page 22 of 32 The City's key objectives are: • Maintain strong network access • Obtain aggressive network discounts • Obtain competitive administrative fees • Create a strategic partnership • Receive excellent service • Partner with a vendor to improve employee s health • Limit provider disruption This is the first of two one-year renewal options and has an administrative increase of 5.5%. The increase is higher than normal because Medicare-eligible retirees are being removed from the plan and the charges are volume-based. ORDINANCE NO. 11,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETY-FIVE THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS ($295,828.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED SIX HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS ($628,128.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 11,206: Liability and Property Insurance Programs - Human Resources. Ordinance No. 11,206 authorizes the renewal of liability and property insurance programs with Texas Municipal League (TML) and authorizes payment in the amount of $549,074 for premiums, reimbursable losses, administrative fees and deductibles. This amount reflects a decrease in premiums for Errors & Omissions (-$7,700), General Liability (-$8,680) and the Auto Policy(-$1,140) and an increase in premiums for Property ($12,472) Mobile Equipment ($1,891) and Law Enforcement Liability ($3,019). The Property and Mobile Equipment increase is due to a premium increase TML placed on all members residing in Harris, Orange and Jackson Counties. As a note, Minutes of the September 24, 2009 City Council Regular Meeting Page 23 of 32 TML has also added a 1% deductible for all named storm damages and a 2% deductible for all tidal flooding for properties less than 9 feet above mean sea level. ORDINANCE NO. 11,206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIVE HUNDRED FORTY-NINE THOUSAND SEVENTY- FOUR AND NO/100 DOLLARS ($549,074.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 11,207: Workers Compensation Program Agreement - Human Resources. Ordinance No. 11,207 authorizs the City to continue under the current agreement with AS&G Claims Administration, Inc., as the Third Party Administrator for the administration of the City's Workers' Compensation Program and continues to authorize the current agreement with Midwest Employers Casualty Company for the City's Excess Workers' Compensation Insurance Program. The premium for this year is approximately $69,941 which is comprised of an estimated $25,000 in administrative costs to AS&G and $44,941 in premium to Midwest Casualty for excess coverage over $300,000. The premium to Midwest is $6,273 less than last year. ORDINANCE NO. 11,207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH AS&G CLAIMS ADMINISTRATION, INC., AS THE THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF THE CITY'S WORKERS' COMPENSATION PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) FOR THE SERVICES ASSOCIATED WITH THE CITY'S WORKERS' COMPENSATION PROGRAM; AUTHORIZING THE ACQUISITION FROM MIDWEST EMPLOYERS CASUALTY COMPANY OF THE CITY'S EXCESS WORKERS' COMPENSATION INSURANCE; AUTHORIZING PAYMENT IN THE AMOUNT OF FORTY-FOUR Minutes of the September 24, 2009 City Council Regular Meeting Page 24 of 32 THOUSAND NINE HUNDRED FORTY-ONE AND NO/100 DOLLARS ($44,941.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance No. 11,208: Park Litter Removal and Janitorial Services Annual Contract-Parks and Recreation. Ordinance No. 11,208 approves a contract with the Bay Area Rehabilitation Center (BARC) formerly known as the Baytown Opportunity Center for park cleaning,janitorial services and litter removal in the amount of$101,578.00. The contract covers a 12 month period of park clean up and janitorial services, .It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through September, and park cleanup at Bicentennial Park following the July 4th Celebration. The contract also includes weekday janitorial services of the public restroom at Roseland Park and Jenkins Park and weekday cleanup of the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. Clean up at the Baytown Skate Park at Jenkins Park and the Baytown Skate Park 2 at Unidad Park is also included in this contract. The cost of the contract has increased $8,824.00 or 10.1 % mainly due to two changes in work scope: 1. The additional parking lot areas near the Pirates Bay Water Park that was not included in last year's contract due to construction of the water park. 2. . Janitorial services for the new public restrooms located near the playground area of the Wayne Gray Sports Complex were also added to the contract. ORDINANCE NO. 11,208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($101,578.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes of the September 24, 2009 City Council Regular Meeting Page 25 of 32 j. Ordinance No. 11,209: Change Order No. 2 to Wayne Gray Sports Complex Family Aquatic Center- Engineering. Ordinance No. 11,209 approves Change Order No. 2 to the Wayne Gray Sports Complex Family Aquatic Center in the amount of$28,570.29. The original contract was for $10,240,900.00, one change order has been executed for a total of $34,500.00. This brings the contract total before this change order to $10,275,400.00. The total contract including Change Order No. 2 will be $10,303,970.29. This is an increase of the total contract by 0.6%. This change order will include additional improvements to the existing pavilion and upgrading the window glazing for the pump house and bath house. ORDINANCE NO. 11,209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH HASSELL CONSTRUCTION COMPANY, INC., FOR THE WAYNE GRAY FAMILY AQUATICS CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY- EIGHT THOUSAND FIVE HUNDRED SEVENTY AND 29/100 DOLLARS ($28,570.29); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Ordinance No. 11,210: Amendment No. 1 to Steinman Lift Station Project Design Contract - Engineering. Ordinance No. 11,210 authorizes Amendment No. 1 to the Standard Form of Agreement with Jones & Carter, Inc. for the Steinman Lift Station Project. This amendment will add $757,700.00 to the existing contract for the final design of the Steinman Lift Station. The original contract was for an investigative study totaling $49,000.00; Amendment No. 1 will increase the contract total to $806,700.00 and final design is anticipated to take one year. The Preliminary Engineering Report estimates the project cost to be $6,327,000 and the funding is included in the Utility CIP. This includes upgrading to the lift station, installing a standby power system and replacing 13,100 feet of 16-inch diameter force main with a new 20-inch diameter force main. This project was presented to the A & E committee in November, 2008 and Jones & Carter, Inc. was the A&E Committee's recommended firm. Minutes of the September 24, 2009 City Council Regular Meeting Page 26 of 32 ORDINANCE NO. 11,210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE STANDARD FORM OF AGREEMENT WITH JONES & CARTER, INC., FOR THE FINAL DESIGN OF THE STEINMAN LIFT STATION PROJECT; AUTHORIZING ADDITIONAL PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($757,700.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Ordinance No. 11,211: Houston High Intensity Drug Trafficking Area Program -Police. Ordinance No. 11,211 authorizes a professional services agreement for the Houston High Intensity Drug Trafficking Area Program with Stanley E. Furce, Individually and d/b/a Research International. Since September 1995, the City has administered federal funds designated for the operation of the Houston High Intensity Drug Trafficking Area ("HIDTA") Major Offender Project. This agreement is similar to that which was entered into last year and is contingent upon funding by grant/award made available through the Office of the National Drug Control Policy ("ONDCP"). The agreement obligates the contractor to provide professional services as directed by HIDTA Executive Committee and ONDCP. No City funds will be used. ORDINANCE NO. 11,211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE, INDIVIDUALLY AND D/B/A RESEARCH INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes of the September 24, 2009 City Council Regular Meeting Page 27 of 32 m. Ordinance No. 11,212: Ratifying Property Tax Increase Reflected in the FY09-10 Budget-Finance. Ordinance No. 11,212 ratifies the property tax increase reflected in the budget adopted by the City Council for the fiscal year beginning October 1, 2009. This budget will raise more total property tax revenues than last year's budget by $834,688 or 4.45%. Section 102.007(c) of the Texas Local Government Code requires City Council in a vote separate from the adoption of a budget to ratify "the property tax increase" reflected in the budget. With respect to the City's budget, the "Property tax increase" is really an increase in property tax revenues, which is a result of increased property values and new improvements due to annexation as well as new development, along with the additional ad valorem taxes necessary for the debt service on the General Obligation Bonds. Because the state statute addresses all increases in revenues as a "property tax increase", the proposed ordinance has been drafted accordingly. Ordinance No. 11,212 adopts the tax rate is elsewhere in the non-consent area of this agenda. Since separate action is required under state law, this item has been placed on the consent agenda. If Council wishes to discuss it further it can be set aside from the other consent items. ORDINANCE NO. 11,212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET ADOPTED BY THE CITY COUNCIL FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Resolution No. 2011: Authorize Transfer of Funds Between Departments - Finance. Resolution No. 2011 authorizes the transfer of funds between departments in accordance with Section 68 of the City Charter. "The City Manager may at any time, with the approval of the council, transfer any unencumbered appropriation balance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the City Manager and within the last three months of the budget year, the council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another." This is primarily a "housekeeping" function. Minutes of the September 24, 2009 City Council Regular Meeting Page 28 of 32 Primarily, the necessary transfers are for the purpose of allocating the compensation adjustments and workers compensation savings that was budgeted in the overhead divisions of the major funds. It is necessary to move these compensation adjustments and budget savings to the departmental budgets to properly allocate the budgets for the realized costs and savings. RESOLUTION NO. 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING VARIOUS TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES OR PORTIONS THEREOF FROM ONE OFFICE, DEPARTMENT OR AGENCY TO ANOTHER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Resolution No. 2012: Accept Grant Award for Homelessness Prevention and Rapid Re-Housing Program -Planning and Development Services. Resolution No. 2012 authorizes the City to accept a grant award from Harris County pursuant to the Homelessness Prevention and Rapid Re-Housing Program under Title XII of the American Recovery and Reinvestment Act of 2009. Resolution No. 2012 authorizes the City to accept a grant award from Harris County pursuant to the Homelessness Prevention and Rapid Re-Housing Program(the "Program"). The Program is designed to assist communities in providing financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. Pursuant to the grant, the City will receive $131,250. Program funding will be distributed as follows: Homelessness Prevention $62,500 Rapid Re-Housing $62,500 Program Administration I$ 6,250 The City will enter into sub-recipient agreements with local non-profit agencies to enhance existing programs in the City and to ensure that the purposes of the grant are fulfilled. No matching funds are required under the grant. Minutes of the September 24, 2009 City Council Regular Meeting Page 29 of 32 RESOLUTION NO. 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO ACCEPT A GRANT AWARD FROM HARRIS COUNTY PURSUANT TO THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM UNDER TITLE XII OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (THE "PROGRAM") IN THE AMOUNT OF ONE HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($131,250.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Resolution No. 2013: Designating Lee College 75th Anniversary as a City- sponsored Event and Banner Placement- City Management. Resolution No. 2013 designates the 75th Anniversary of Lee College as a City co- sponsored event for which off-premise signs may be placed on City property pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off-Premises Signs," Section 118-358 "New Signs" of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and an assumption of liability. This action would authorize the placement of banners from October 1, 2009 to May 31, 2010 adjacent to the campus on Texas Ave, Decker Drive, Gulf Ave. and Lee Drive. RESOLUTION NO.2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE 75TH ANNIVERSARY OF LEE COLLEGE AS A CITY CO-SPONSORED EVENT FOR WHICH OFF-PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV "OFF-PREMISES SIGNS," SECTION 118-358 "NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes of the September 24, 2009 City Council Regular Meeting Page 30 of 32 8. APPOINTMENTS a. Baytown Beautification Advisory Commission- Interim City Clerk. Consider (2) appointments to complete the unexpired terms of Mr. Lawrence Wallace who has passed away and Mr. Garrett Drake who has resigned. There are (3) applicants requesting consideration to the Baytown Beautification Advisory Commission and they are: (1) Mr. Bobby Lintelman, (2) Mr. Richard Tunstall and (3) Ms. Cindy Coker. All applicants are Baytown residents that have submitted their applications with the City Clerk's Office; their applications are attached for your review and consideration. The appointed individuals will completed unexpired terms that are set to expire on September 30, 2010. This item was discussed in the City Council Work Session on September 10, 2009. Mr. Sheley nominated Ms. Cindy Coker and Mr. Caskey nominated Mr. Bobby Lintelman, the nominations were seconded by Council Member Caskey. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. b. Zoning Board of Adjustment-Interim City Clerk. The Zoning Board of Adjustment is a five (5) member Board appointed by City Council to two year terms to hear and consider requests for variances and appeals under the Baytown Zoning Ordinance. On July 9, 2009, the City Council reappointed four of the five board members while one member did not seek reappointment, leaving (1)vacancy on the board to be filled for a two year term through July 27, 2011. The City has received (1) application to serve on this Board by Ms. Barbara Wooster, a resident with long standing ties to the community in real estate and with local philanthropies. Her application was attached for review and consideration. Minutes of the September 24, 2009 City Council Regular Meeting Page 31 of 32 Motion was made by Council Member Caskey, seconded by Council Member Sheley to appoint Ms. Barbara Wooster for the Zoning Board of Adjustment. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. 9. MANAGER'S REPORT a. 2009 Baytown Company Cup Golf Tournament - Parks and Recreation. The 2009 Baytown Company Cup Golf Tournament will be held at 8:00 a.m. on Friday, October 2, 2009. The event will be held at Evergreen Point Golf Course, and is hosted by Baytown Parks and Recreation. Registration for the event is $240 per four person team and will include green and cart fees, range balls, a continental breakfast, lunch, a goodie bag, and an event t-shirt for each participant. For additional information contact the Parks and Recreation office at 281-420-6597 or pard(a�bavtown.org. b. Report One Year After Ike- City Manager. City Manager, Garry Brumback presented the agenda item. Mr. Bill Vola presented the report on the status of recovery and mitigation efforts one year after Hurricane Ike. Mr. Vola stated that during Ike, Baytown experienced 92mph sustained winds, 110mph peak wind gust, and 14' storm surge. Statistics stated that more than 100 homes and 1,000 apartment units were destroyed or uninhabitable, 24 businesses were destroyed, and 850,000 cubic yards of debris was deposited on the streets. To date, the City spent $21 million dollars in IKE clean up and repairs to public owned property and received $14 million dollars in FEMA reimbursements. The estimated cost to the citizens of Baytown is $30 million dollars with the expectation of receiving $20 to $22 million from the federal government. Minutes of the September 24, 2009 City Council Regular Meeting Page 32 of 32 10. ADJOURN Motion was made by Council Member Caskey, seconded by Council Member Capetillo adjourning the September 24, 2009, Regular Meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. Mayor DonCarlos adjourned the Regular City Council Meeting of September 24, 2009 at 8:20 P.M. Leticia Garza,Interim City Clerk City of Baytown