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2010 08 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITYOFBAYTOWN August 12,2010 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday, August 12,2010,at 6:32 P.M.in the Council Chamber of the Baytown City Hall,2401 Market Street,Baytown,Texas with the following in attendance: Brandon Capetillo Council Member Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Council Member Stephen H.DonCarlos Mayor Garrison C.Brumback City Manager Bob Leiper Deputy City Manager Kevin Trailer Assistant City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Council Members Caskey and McCartney were absent from the August 12,2010 City Council Regular Meeting. Mayor DonCarlos convened the August 12,2010,City Council Regular Meeting with a quorum present at 6:32 P.M. Pledge of Allegiance,Texas Pledge and Invocation was led by Council Member Renteria. 1.MINUTES a.Approve Minutes of the City Council Regular Work Session and Meeting held on July 22,2010. A motion was made by Council Member Sain,seconded by Council Member Renteria approving the minutes from the July 22,2010,City CouncilRegular Work Session and Meeting.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None Page 2 of 17 Minutes of the August 12,2010 City Council Regular Meeting The motion carried. 2.PUBLIC HEARINGS a.Conduct a Public Hearing for Baytown Fire Control,Prevention,and EMS District FY 2010-11 Budget -Administration. At 6:34 P.M.,Mayor DonCarlos opened the public hearing regarding the fiscal year 2010-2011 budget adopted by the Board of Directors of the Baytown Fire Control, Prevention,and EMS District (FCPEMSD). City Manager,Garry Brumback presented a summary and stated that the public hearing regarding the fiscal year 2010-2011 budget was adopted by the Board of Directors of the Baytown Fire Control,Prevention,and EMS District (FCPEMSD)on July 20,2010,and forwarded to City Council on July 22,2010.As set forth in State law,(LGC 344.205(a)), the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the Public Hearing was published in The Baytown Sun,and posted to the City of Baytown web site on Thursday,July 29,2010.Mr.Brumback stated that the budget is predominately for personnel services,a significant contribution for the fire training facility and election services for May 2011. With no one registered to speak,Mayor DonCarlos closed the public hearing at 6:36 P.M. Chief Baylis presented an overview of the fire training field for Council Member Renteria. b.Conduct a Public Hearing for Baytown Crime Control and Prevention District FY 2010-11 Budget -Administration. At 6:44 P.M.,Mayor DonCarlos opened the public hearing regarding the fiscal year 2010-2011 budget adopted by the Board of Directors of the Baytown Crime Control and Prevention District (CCPD). City Manager,Garry Brumback presented a summary and stated that the public hearing regarding the fiscal year 2010-2011 budget was adopted by the Board of Directors of the Baytown Crime Control and Prevention District (CCPD)on July 13,2010,and forwarded to City Council on July 31,2010.As set forth in State law,(LGC 344.205(a)),the local governing body must hold a public hearing on the budget adopted by the Board.Notice of the Public Hearing was published in the Baytown Sun on Thursday,July 29,2010,and posted to the City's web site on Thursday,July 29,2010.Mr.Brumback stated that the budget is predominately for personnel services,the Hotspot team,Commercial Vehicle Enforcement,equipment,and election services for May 2011. With no one registered to speak,Mayor DonCarlos closed the public hearing at 6:46 P.M. Page 3 of 17 Minutesof the August 12,2010 City CouncilRegular Meeting 3.PROPOSED ORDINANCES a.Chapter 380 Economic Development Agreement with Gantstein Esquire, LLC -Administration. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,407 authorizes aChapter 380 Economic Development Agreement with Gantstein Esquire,LLC.Under the Agreement,Gantstein Esquire is obligated to: 1.create at least 60 new jobs by December 31,2010; 2.maintain such jobs for six years; 3.invest at least $800,000 for the expansion and build-out of an existing space of 7,500 square feet to a space of 8,500 square feet for use as the Food Court Facility for restaurateurs such as Freebirds and Jason's Deli by December 31, 2010; 4.increase the value of the property so that the same has a taxable value of at least $1 million on January 01,2011,as assessed by HCAD;and 5.maintain such taxable value for six years. In exchange for Gantstein Esquire's obligations,the City will reimburse Gantstein Esquire for city taxes paid on taxable value in excess of $733,000 for four years.The estimated value of this agreement is $2,000 per year.Should Gantstein Esquire be unable to meet its obligations under the agreement,Gantstein Esquire will be required to reimburse the City for payments it made under the agreement on a pro rata basis depending upon the year of the default. A motion was made by Council Member Sheley,seconded by Council Member Renteria approving Ordinance No.11,407.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,407 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH GANTSTEIN ESQUIRE LLC;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page4 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting b.Award Construction Contract &Change Order No.1 for 12-inch Sanitary Sewer Extension under 1-10 -Engineering. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,408 awards a construction contract for the installation of a 12-inch Sanitary Sewer Extension under I-10 in an amount of $158,369.00 for the base contract and $34,225 for Change Order #1 to Jimerson Underground,Inc.The project total is $192,594. The scope of work for this project includes jack and boring of 300 linear feet and installation of 12-inch sanitary sewer underneath the Interstate Highway 10 (IH-10)right- of-way and the Houston Pipeline Company easement along with extending 500 feet of 12"sanitary sewer line to San Jacinto Blvd.The base bid compilation included only the boring under I-10.The extension of the gravity line to San Jacinto Blvd.is being issued as Change Order #1 based on the line item costs identified in the bids.This project is a joint effort to facilitate the construction of the Cheddar's Casual Cafe1 and provides additional capacity for continued development in the area.The City's portion of the project will be reimbursed by the TIRZ from future tax increment. Six bids were received and publicly opened on July 22,2010 at 2:00 p.m.in Council Chamber. A motion was made by Council Member Capetillo,seconded by Council Member Sain approving Ordinance No.11,408.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH JIMERSON UNDERGROUND,INC.,FORTHE INSTALLATION OF A 12-INCH SANITARY SEWER EXTENSION NEAR HIGHLAND FARMS;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED FIFTY- EIGHT THOUSAND THREE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($158,369.00);AUTHORIZING CHANGE ORDER NO.1 FOR THE SAID PROJECT TO ADD AN ADDITIONAL 495 LINEAR FOOT SEGMENT OF SANITARY SEWER INCLUDING TWO NEW MANHOLES FOR FUTURE DEVELOPMENT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,IN THE AMOUNT OF Page 5 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting THIRTY-FOUR THOUSAND TWO HUNDRED TWENTY-FIVE NO/100 DOLLARS ($34,225.00)FOR SUCH CHANGE ORDER; MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c.Collective Bargaining Agreement -Legal. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,409 approves the Collective Bargaining Agreement with Baytown Professional Fire Fighters Association,Local 1173 (the "Union").The agreement is for a term of four years and contains reopeners for salaries and certification pay in the second,third,and fourth years of the contract.The contract is similar to those to which the parties have agreed to in the past.The contract updates language from the previous contract to reflect changes in the overtime compensation as well as union business pool time changes as agreed to in 2009.Some of the changes include the compensation component and the union business pool. For the compensation component of the agreement in years 2,3 and 4, 1.if no merit raises are given to non-civil service city employees,the Union members will receive the same across-the-board raises as such other employees 2.if merit raises are given to non-civil service city employees and if the Union exercises the wage reopener,base wages will be evaluated based upon those of other Texas cities with Chapter 143 civil service having a population from 60,000 -125,000 for market-based raises. As for the union business pool,contributions will be received once a year instead of twice a year.The Union overwhelmingly approved this contract at its election held on August 2 -4,2010. A motion was made by Council Member Sain,seconded by Council Member Renteria approving Ordinance No.11,409.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS,AND THE INTERNATIONAL ASSOCIATION OF Page 6 of 17 Minutes of the August 12,2010 City Council Regular Meeting FIREFIGHTERS LOCAL 1173;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d.H-GAC Intergovernmental Agreement for Voluntary Mobile Emissions Reduction Program -Legal. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,410 authorizes the Houston-Galveston Area Council Intergovernmental Agreement for Voluntary Mobile EmissionsReduction Program.The U.S.Environmental Protection Agency ("EPA")has classified the Houston-Galveston-Brazoria Area under the Clean Air Act as a "Severe-17"non-attainment area for ozone.EPA's National Ambient Air Quality Standards will resultin significant emission reductions and improved public health.H-GAC has developed a plan for voluntary mobile emission reductions for the Houston-Galveston-Brazoria non-attainment area and seeks to enter into agreements with cooperating local governments to implement such voluntary measures. The proposed agreement outlines efforts that the City of Baytownwill voluntarily make to achieve an additional reduction of emissions that will be granted as a SIP credit under the Voluntary Mobile Source Emission Reduction Program.The City has implemented one or more voluntary mobile emission reduction programs.The City in cooperation with Harris County through its Park and Ride transit program,will facilitate the reduction of 5,200 trips (10 people x 2 trips per day x 5 days x 52 weeks)to downtown Houston,which at 27 miles each way is a reduction of 140,400 vehicle miles traveled. A motion was made by Council Member Capetillo,seconded by Council Member Sain approving Ordinance No.11,410.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TO THE HOUSTON-GALVESTON AREA COUNCIL INTERGOVERNMENTAL AGREEMENT FOR VOLUNTARY MOBILE EMISSIONS REDUCTION PROGRAM;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 17 Minutes of the August 12,2010 City Council Regular Meeting e.Professional Services Agreement with BHA for Hunt Road Improvements Project -Engineering. City Manager,Garry Brumback recommended tabling this item subject to more information on the agreement. f.Approve Outside Counsel for the Ethics Commission -Legal. Sammy Mahan registered to speak to Council regarding agenda item 3.f. Mayor DonCarlos presented the agenda item and stated that Ordinance No.11,411 approves outside counsel for the Ethics Commission related to the alleged violations of the City of Baytown Code of Ethics by City Manager Garrison C.Brumback and authorizes related funding.Mayor DonCarlos indicated that on July 22,2010,the City Council granted consent forthe Ethics Commission to obtain outside counsel in order to provide support related to the processes,procedures and possible investigation with the current complaint into the alleged violations of the City of Baytown Code of Ethics by City Manager Garrison C.Brumback and the Texas Municipal League (TML)has provided the Ethics Secretary with a list of potential attorneys for consideration.Mayor DonCarlos stated that hereviewed and vetted these names and selected Ross Fischer for formal approval. A motion was made by Council Member Sheley,seconded by Council Member Sain approving Ordinance No.11,411.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE MAYOR TO APPOINT OUTSIDE COUNSEL FOR THE ETHICS COMMISSION RELATED TO THE ALLEGED VIOLATIONS OF THE CITY OF BAYTOWN CODE OF ETHICS BY CITY MANAGER GARRISON C. BRUMBACK;AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TOEXCEED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 17 Minutes of the August 12,2010 City Council Regular Meeting Mayor DonCarlos requested that the agenda be taken out of order and item 5.a be presented. 5.REPORTS a.Certificate of Sufficiency for Proposed Red Light Camera Program Initiative Petition -City Clerk. Mayor DonCarlos presented the agenda item and stated that the item will be put on the August 24,2010 agenda calling the election. Randall Kallinen and Byron Schirmbeck registered to speak to Council regarding agenda item 5.a. City Clerk,Leticia Garza presented the certification of sufficiency regarding the proposed initiative ordinance,which amends the Code of Ordinances of the City of Baytown, Texas,Chapter 94 "Traffic and Vehicles",adding Article VIII "Limits of Enforcement" limiting the use of traffic law photo-monitoring devices. The initiative petition,amending the Code of Ordinances of the City ofBaytown,Texas, Chapter 94 "Traffic and Vehicles",adding Article VIII "Limits of Enforcement"limiting the use of traffic law photo-monitoring devices,was submitted to the City Clerk's Office on June 30,2010.After an in depth and thorough review of the submitted signatures,the City Clerk declared on July 22,2010,that the petition as submitted was insufficient,by failing to meet the minimum requirement of 620 valid signatures. In accordance with the Section 101 "Amendments and Petitions"of the Charter,the committeeof petitioners may,within ten days after the City Clerk's notification of insufficiency,file an amended petition with the City Clerk.The City Clerk shall then within five days of the supplement filing,examine and certify his/her findings and notify the Committee of Petitioners of such." The Committee of Petitioners filed an amended petition on Friday,July 30,2010,with the City Clerk,who in turn reviewed the submitted signatures within the designated five (5)day period.At this time,the City Clerk finds that the submitted petition with the amendment meets the 620 required valid signatures,thus making the petition sufficient. 3.g.Call Public Hearing for Red Light Camera Program Proposed Initiative - City Clerk. Sammy Mahan,Calvin Mundinger,and Shawn McDonald registered to speak to Council regarding agenda item 3.g. Page 9 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting Mayor DonCarlos presented the agenda item and stated that Ordinance No.11,412 sets the date and place for a public hearing regarding the proposed initiative ordinance,which amends the Code of Ordinances of the City of Baytown,Texas,Chapter 94 "Traffic and Vehicles,"limiting the use of traffic law photo-monitoring devices. The hearing will be held on Tuesday,August 24,2010,in the Council Chamber of Baytown City Hall,2401 Market Street,Baytown,Texas,during a Special Meeting of the City Council,which commences at 5:30 p.m. Council Member Sheley requested to have more information on Section 222 of the Ordinance before the hearing on August 24,2010. A motion was made by Council Member Renteria,seconded by Council Member Capetillo approving Ordinance No.11,412.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,SETTING A DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED INITIATIVE ORDINANCE, WHICH AMENDS THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,TEXAS,CHAPTER 94 "TRAFFIC AND VEHICLES" LIMITING THE USE OF TRAFFIC LAW PHOTO-MONITORING DEVICES;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4.PROPOSED RESOLUTIONS a.Call Special Meeting concerning the Initiative Ordinance-City Clerk. Mayor Don Carlos presented the agenda item and stated that Resolution No.2085 calls for a Special City Council Meeting to be held on Tuesday,August 24,2010,at 5:30 p.m. At this meeting,the City Council may order within the statutory deadline a Special Election to be held on November 2,2010. A motion was made by Council Member Renteria,seconded by Council Member Sheley approving Resolution No.2085.The vote was as follows: Page 10 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. RESOLUTION NO.2085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON AUGUST 24,2010,AT 5:30 P.M.IN THE COUNCIL CHAMBERS OF CITY HALL,BAYTOWN,TEXAS;AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. b.Suspend Effective Date of CenterPoint Energy Houston Electric's Rate Changes and Riders -Legal. City Manager,Garry Brumback presented the agenda item and stated that Resolution No. 2086 responds to the application of CenterPoint Energy Houston Electric,LLC,for authority to change rates and adopt certain rate riders and suspends CenterPoint's proposed effective date.On or about June 30,2010,CenterPoint Energy Houston Electric,LLC ("CenterPoint11)filed with the City Clerk an application for authority to change rates and to adopt certain rate riders (the "Application")and filed a similar,if not identical,application with the Public Utility Commission of Texas ("PUCT"or "Commission"),which has been docketed as Docket No.38339.In the Application,CenterPoint is requesting the following: 1.an increase in its retail transmission and distribution rates of approximately $76 million, 2.an increase in its wholesale transmission rates of about $18 million,and 3.approval of several rate riders,including the "Rider DCRF"(distribution cost recovery factor). CenterPoint's request for approval of its Rider DCRF and other riders raises several legal, policy,and substantive issues.While CenterPoint did not identify in the Application a specific proposed effective date for its proposed changes in rates,CenterPoint on July 19, 2010,notified the Public Utility Commission of Texas that CenterPoint intended to propose an effective date of August 06,2010.However,CenterPoint agreed to postpone the effective date until August 15,2010,conditioned on the City not seeking to extend the jurisdictional deadline,meaning that the City would suspend for 90 days from August 06,2010. Given the complexity of determining the reasonableness of CenterPoint's current and proposed rates and proposed rate riders,a determination of the reasonableness of the Application and its various proposed changes in rates cannot be made before expiration Page 11 of 17 Minutes of the August 12,2010 City Council Regular Meeting of August 15,2010,and the City requires more time to carry out its duties as the local regulatory authority with exclusive original jurisdiction within the City.Therefore,this resolution suspends the effective date of the amendments contained in the Application to allow the City in affiliation with the Texas Coast Utilities Coalition of Cities to make the necessary determinations. A motion was made by Council Member Sain,seconded by Council Member Sheley approving Resolution No.2086.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. RESOLUTION NO.2086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC,FOR AUTHORITY TO CHANGE RATES AND ADOPT CERTAIN RATE RIDERS;SUSPENDING CENTERPOINT'S PROPOSED EFFECTIVE DATE;MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c.Exception to the City's Opposition of Additional Low Income Housing Tax Credit Units -Planning and Development Services. City Manager,Garry Brumback presented the agenda item and stated that Resolution No. 2087 amends Resolution No.1913 to provide a limited exception to the City's opposition of additional low income housing tax credit units associated with the Texas Department of Housing and Community Affairs'Low Income Housing Tax Credit Program. The exception contained in the proposed resolution would allow a public housing authority to prepare an application for tax credits provided the following conditions are satisfied: 1.the tax credit units must replace existing public housing units on a one-to-one basis; 2.thetax credit application must specify that the public housing authority must maintain ownership and control of the new tax credit units in the same manner as other public housing units operatedwithin the City; Page 12 of 17 Minutes of the August 12,2010 City Council Regular Meeting 3.thetax credit application must specify that the residents served are those who are eligible for public housing,which is currently 30%or below the area median income;and 4.the public housing authority must enter into a development agreement with the City for all the public housing units subject to the LIHTC application,which agreement shall include,but not be limited to,(i)an agreed upon site plan,in which all then-current landscaping and buffering requirements are exceeded and which demonstrates new urban building orientation,including pedestrian friendly site design,common recreation areas,and on-site management and maintenance areas;and (ii)covenants binding the public housing authority to items 2 and 3 hereinabove. A motion was made by Council Member Renteria,seconded by Council Member Sheley approving Resolution No.2087.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. RESOLUTION NO.2087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AMENDING RESOLUTION NO.1913 TO PROVIDE A LIMITED EXCEPTION TO THE CITY'S OPPOSITION OF ADDITIONAL LOW INCOME HOUSING TAX CREDIT UNITS ASSOCIATED WITHTHE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS'LOW INCOME HOUSING TAX CREDIT PROGRAM;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6.CONSENT A motion was made by Council Member Sheley,seconded by Council Member Sain approving Consent Items:6.a.,6.b.,and 6.d.The vote was asfollows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. Page 13 of 17 Minutes of the August 12,2010 City Council Regular Meeting a.Ordinance No.11,413:Purchase Amendment to Emergency AM Radio System Authorization -Emergency Management. Ordinance No.11,413 amends the Baytown Ordinance No.11,334,which was approved on March 25,2010,increasing the funding for the Emergency AM Radio StationProject by $20,000 to $75,435 and adding in a fifth transmitter site on the southeast side of the City.During the coverage study by the vendor,it was determined that there was inadequate signal strength in the southeast quadrant of the city by the existing locations. During its meeting on May 18,2010,the Citizens Bond Advisory Council unanimously approved a recommendation to the City Council to amend the budget for the project by increasing it $20,000 to add in an additional transmitter site and to install up to five (5) telephone poles for radio antennae.The revised funding for the Emergency AM Radio Station project would be increased from $55,425 to $75,425.Funds will come from the 2007 Bond in the Community Warning Siren's Project,which came in more than $100,000 under the budgeted amount. ORDINANCE NO.11,413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AMENDING SECTION 2 OF ORDINANCE NO. 11,334 PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,ON MARCH 25,2010,REGARDING THE PURCHASE OF EMERGENCY AM RADIO STATION REPLACEMENT EQUIPMENT,TO AUTHORIZE AN ADDITIONAL TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00)FORTHE ADDITION OF A TRANSMITTER SITE AND THE INSTALLATION OF UP TO FIVE (5)TELEPHONE POLES FOR RADIO ANTENNAE; MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. b.Ordinance No.11,414:Authorize Land Swap -Planning and Development Services. Ordinance No.11,414 authorizes the exchange of 0.0167 acres out of the William Bloodgood Survey,Abstract 4,Chambers County,Texas,for 0.0167 acres out of the same abstract and survey and located at the southwest intersection of Old Needlepoint Road and State Highway 146 with the Albert R.Marsh Family Trust (the "Trust"). The City owns 0.0167 acres of property,which is surrounded on three sides by property owned by the Trust.This property has never been utilized by the City and is thought to have been dedicated to the City as a future lift station site.However,there is no need for a lift station at this location and the property sits idle.The ownership of this property by the City hinders the development of the Trust's property.Therefore,to allow the Trust to better develop the property,an exchange is proposed.Specifically,the City would exchange the above-described property for the same acreage at the intersection of Old Page 14 of 17 Minutes of the August 12,2010 City Council Regular Meeting Needlepoint Road and State Highway 146.The property that the City is acquiring may be necessary for intersection improvements in the future as the area develops. ORDINANCE NO.11,414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE EXCHANGE OF 0.0167 ACRES OUT OF THE WILLIAM BLOODGOOD SURVEY, ABSTRACT 4,CHAMBERS COUNTY,TEXAS,FOR 0.0167 ACRES OUT OF THE SAME ABSTRACT AND SURVEY AND LOCATED AT THE SOUTHWEST INTERSECTION OF OLD NEEDLEPOINT ROAD AND STATE HIGHWAY 146 WITH THEALBERT R.MARSH FAMILY TRUST;AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. d.Resolution No.2088:Enterprise Zone Nomination for Exxon Mobil Corporation -Administration. Resolution No.2088 nominates Exxon Mobil Corporation to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank for designation as a qualified business and a Triple Jumbo Enterprise Project under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act. Exxon Mobil Corporation intends to invest at least $250 million over the 5 years that will be used to upgrade safety and flare relief systems,and to improve manufacturing efficiency and production.As a result of the capital investment being made,Exxon Mobil Corporation respectfully requests to receive job retention benefits under the Texas Enterprise Zone Program. Section 2303.406(a)(4)(D)of the Texas Government Code allows a project or activity of a qualified business to be designated an Enterprise Project and receive job retention benefits if the business has clearly demonstrated that "the business is able to employ individuals in accordance with Section 2303.402."Exxon Mobil Corporation qualifies for job retention benefits under this statutory provision because over 25%of the City of Baytown is made up of state enterprise zones (U.S.Census block groups with 20%+ poverty).Exxon Mobil Corporation commits to hiring thirty-five (35%)economically disadvantaged individuals or enterprise zone residents,for its replacement personnel,for certified jobs over the five (5)year Enterprise Project designation period. Page 15 of 17 Minutes of the August 12,2010 City Council Regular Meeting RESOLUTION NO.2088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,NOMINATING EXXON MOBIL CORPORATION TO THE OFFICE OF THE GOVERNOR,ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND A TRIPLE JUMBO ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT,CHAPTER 2303,TEXAS GOVERNMENT CODE;PROVIDING A REPEALING CLAUSE;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Item 6.b of the Consent Agenda was considered separatelyas there was a citizen signed up to speak on the item. c.Ordinance No.11,415:Community Development Block Grant Housing Reconstruction Projects -Planning and Development Services. City Manager Brumback stated that Ordinance No.11,415 awards four housing reconstruction projects for 1903 Tennessee Street,1201 Cypress,1720 Maryland and 1120 Cypress to Byrdson Services,LLC,d/b/a ExcelloConstruction 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 46 contractors from the approved contractors list.Notices were also posted with Construction Data,Bid Ocean and Associated General Contractors.Combined,these organizations reach over 1,000 Houston area contractors.Twenty-two contractors representing thirteen companies attended the mandatory pre-bid conference.Six bids were submitted.All of the properties listed below require extensive repairs and exceed the Program's $25,000 limit to make repairs.Staff recommends demolishing and reconstructing all four properties. This bid is being awarded on the best value for the City based upon criteria enumerated in the bidding documents,including reputation of the bidder and of the bidder's goods or services and the quality of the bidder's goods or services.Considering these criteria,the bidder that can perform reconstruction services at the best value to the City is Excello Construction,LLC the second low bidder.Excello Construction,LLC,has satisfactorily completed several reconstruction projects for the Texas Department of Housing and Community Affairs.Ordinance No.11,415 supports the City's vision to improve the appearance of the City of Baytown by eliminating slum and blighted conditions within the corporate limits. Mr.Edward Williams requested to speak to Council regarding agenda item 6.c.stating that he has concerns related to the bid and award process for these CDBG housing reconstruction project.Mr.Williams stated that he didnot believe the process was at the standards required and pointed out that he had placed a request for information in the Page 16 of 17 Minutes of the August 12,2010 City Council Regular Meeting City Clerk's Office,in order for him and his attorney to review the information and see if there wereany inconsistencies or problems with the process. Ms.Kelly Carpenter,Planning and Development Services Director,Ms.June Tyler CDBG Project Manager and Mr.Drew Potts,Purchasing Manager spoke to Council of the bid and award process for this item and statedthat all processes were done in compliance with HUD and other related state,federal and local laws and regulations. After an in depth discussion,the Mayor requested that the speaker maintain contact with the staff in order to have all of his questions and concerns answered,but recommended to that Council move forward with the item.Council Member Renteria and Sheley requested that staff consider projects and awards to benefit local businesses. A motion was made by Council Member Renteria,seconded by Council Member Sheley approving Ordinance No.11,415.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,415 AN ORDINANCE OF THE CITY COUNCIL,CITY OF BAYTOWN,TEXAS, ACCEPTING THE BID OF BYRDSON SERVICES,LLC,D/B/A EXCELLO CONSTRUCTION FOR HOUSING REHABILITATION PROJECTS LOCATED AT 1903 TENNESSEE STREET,1201 CYPRESS,1720 MARYLAND,AND 1120 CYPRESS;AUTHORIZING PAYMENT IN AN AMOUNT OF TWO HUNDRED FORTY-FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($245,400.00);MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. 7.MANAGER'S REPORT a.UASI (Urban Areas Security Initiative)Program. City Manager,Garry Brumback presented the agenda item and stated that Baytown's original award was $242,000,but FEMA adjusted our award upwards in the amount of $350,000 for a total of $592,000 for the 2008 UASI program year.Mr.Brumback stated that the additional funds will be used for the Baytown Fire Department's structural Collapse Training Project specifically to purchase rescue tools,various hand tools, protective clothing and gear for the responders (e.g.jack hammers,saws,hammers,etc.) Page 17 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting 8.ADJOURN A motion was made by Council Member Sain,secondedby Council Member Renteria adjourning the August 12,2010,City Council Regular Meeting.The vote was as follows: Ayes:Council Members:Capetillo,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. Mayor DonCarlos adjourned the City CouncilRegular Meeting of August 12,2010 at 7:59 P.M. Le City