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2011 07 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 14, 2011 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 14, 2011, at 6:30 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 Robert Hoskins Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Robert D. Leiper City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Jason Cozza Deputy City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the July 14, 2011, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Council Member Mercedes Renteria excused himself from the meeting at 8:40 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider Approving City Council Work Session and Regular Meeting Minutes for June 09, 2011- City Clerk. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the minutes from the June 09, 2011 City Council Work Session and Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved b. Consider Approving Minutes of the City Council Work Session and Regular Meeting held on June 23, 2011- City Clerk. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the minutes from the June 23, 2011 City Council Work Session and Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognition: Dr. Matt Dobbs, D.V.M, Local Veterinarian. City Manager Leiper stated that this item will be rescheduled to the July 28, 2011 Council Meeting. b. Present the Keep Texas Beautiful Awards - Health and EMS. Health Director, Mike Lester presented the agenda item to recognize and present the Baytown Sun and Liberty Tire Recycling with their Keep Texas Beautiful Awards. The Baytown Sun won first place in the Media Print -Daily category for raising public awareness and education efforts in supporting environmental issues. Liberty Tire Recycling won second place in the business/industry leadership award in the State/National category with sound principles supporting the Keep Texas Beautiful mission. Shirley Smith registered to speak before Council in regards to agenda item 2.b but did not speak. Mayor DonCarlos stated that the agenda will be taken out of order to consider items 9.a. and 9.b. 9. EXECUTIVE SESSION Byron Schirmbeck, Randall Kallinen, and Chris Hernandez all registered to speak before Council in regards to agenda item 9.a. a. Executive Session: American Traffic Solutions, et al. v. City of Baytown - Legal. b. Executive Session: City of Dallas v Stewart, - S.W.3d - (Tex. 2011) and the URSRB Process - Legal. At 6:54 P.M., Mayor DonCarlos recessed into and conducted an Executive Session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys about Cause No. 2010-55364, American Traffic Solutions, et al. v. City of Baytown, in the 11 th Judicial District Court of Harris County, Texas; and Cause No. 2011-09338, American Traffic Solutions, Inc., v. City of Baytown, in the 11th Judicial District Court of Harris County, Texas and to seek the advice of the City's attorneys on the City of Dallas v. Stewart, --- S.W.3d --- (Tex. 2011) case and the Urban Rehabilitation Standards Review Board process. At 8:20 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. After the Executive Session, City Manager Leiper recommended taking the agenda out of order and considering item 10.a. and 4.f. City Manager Leiper recommended, with approval from City Attorney Ignacio Ramirez, to skip agenda item 10.a. and table agenda item 10.b indefinitely. City Attorney Ignacio Ramirez suggested defining indefinitely. City Manager Leiper stated that item 10.a. will be tabled until an undetermined period of time until staff implements new processes. Mayor DonCarlos clarified and stated that the item will be tabled until such time as new procedures are being processed for an appeal. 10. APPEALS a. Appeal Hearing: URSRB Demolition Order for 3403 Market Street - Planning and Development Services. b. Consider Appeal: Consider Appeal of URSRB Demolition Order for 3403 Market Street - Planning and Development Services. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain approving to table the decision on the appeal until such time as a new system is brought forward and adopted by Council for the appeal of URSRB findings. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved City Manager Leiper stated that this action only applies to this appeal. 4.f. Consider Authorizing the Purchase of Twenty -Two (22) Electronic Handheld Ticket Writers and the Accompanying Support, Software and Infrastructure - City Clerk/Police. Council Member Renteria excused himself from the meeting. City Manager Leiper presented the agenda item and stated that Ordinance No. 11,677 authorizes the purchase and maintenance of twenty-two (22) electronic ticket writers along with their accompanying software and accessories, including docks, thermal printers, thermal paper and batteries. The Baytown Municipal Court and Police Department have engaged in a joint project to increase productivity, streamline procedures and improve reporting capability for the overall operations of the citations process through the utilization of electronic ticket writers. Brazos Technologies have a proven and successful product that provides services to over 200 entities in the State of Texas. These ticket writers have shown to be of great help towards enhancing officer safety on patrol by allowing the officer to write a ticket, search the police database and maintain visual of the offender at all times. Additionally, any citation written through these processes, automatically downloads ticket information directly to both the Police Department (Versaterm) and Municipal Court (INCODE) programs, thus helping to reduce both manpower and errors. The costs associated with this item are as follows: Funding Source Amount 11751 - Municipal Court Special Revenue Fund, Acct 84047 $79,671 - Computer Software for 22 handheld ticket writers hardware, software and accessories Red Light Camera Special Fund, for 22 handheld ticket $9,500 writers hardware, software and accessories Total One Time Expense $89.171 The recurring maintenance costs will be $8,300 and will be absorbed into the future operating budgets for the Municipal Court. City of LaPorte Police Officer Kyle Jones, stated that the ticket writers saves time when issuing a citation. It allows for reports to be available within seconds and the device is covered by a warranty, regardless of what happens to it, with about one (1) week turnaround on repairs. Council Member McCartney inquired of the durability of the device. Officer Jones stated that it is suppose to sustain through a blowing hurricane. Council Member Sheley inquired if the apparatus paid for itself over a period of time or is it something that makes for more of a convenience. Officer Jones stated that he believes it pays for itself as far as the hours and the reports are concerned. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving Ordinance No. 11,677. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 11,677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY- NINE THOUSAND ONE HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($89,171.00) TO BRAZOS TECHNOLOGY CORPORATION, THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE AND MAINTENANCE OF TWENTY-TWO (22) ELECTRONIC TICKET WRITERS, AND THEIR ACCOMPANYING SOFTWARE AND ACCESSORIES, INCLUDING DOCKS, THERMAL PRINTERS, THERMAL PAPER AND BATTERIES CONTINGENT UPON AN AGREEMENT ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. PUBLIC HEARINGS a. First Public Hearing: Regarding a Proposed Voluntary Annexation of 4.527 acres, located on the east side of West Road approximately 350 feet north of E. Cedar Bayou -Lynchburg Road - Planning and Development Services. At 8:32 P.M., Mayor DonCarlos conducted the first public hearing regarding the proposed voluntary annexation of 4.527 acres owned by Angel Brothers Enterprise Incorporated, located on the east side of West Road approximately 350 feet north of E. Cedar Bayou -Lynchburg Road, addressed as 5206, 5210, and 5212 West Road and being legally described as Lots 18, 19, 20, 22 and 23, Block 8, East End Highland Farms Addition, Harris County, Texas. City Manager Leiper stated that on June 09, 2011, the City Council authorized staff to prepare a service plan for the voluntary annexation of the property owned by Angel Brothers Enterprise Incorporated. The petition for annexation was submitted for 4.527 acres located on the east side of West Road. This property is contiguous to the city limits of Baytown, is without residents, and is proposed by the owner to maintain the existing commercial use. A service plan was created on June 20, 2011. Notice of the first and second public hearings was published in the Baytown Sun on June 20, 2011, and posted on the City of Baytown's notice board and website on the same day. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:33 P.M. b. Second Public Hearing: Regarding a Proposed Voluntary Annexation of 4.527 acres, located on the east side of West Road approximately 350 feet north of E. Cedar Bayou -Lynchburg Road - Planning and Development Services. At 8:34 P.M., Mayor DonCarlos conducted the second public hearing regarding the proposed voluntary annexation of 4.527 acres owned by Angel Brothers Enterprise Incorporated, located on the east side of West Road approximately 350 feet north of E. Cedar Bayou -Lynchburg Road, addressed as 5206, 5210, and 5212 West Road and being legally described as Lots 18, 19, 20, 22 and 23, Block 8, East End Highland Farms Addition, Harris County, Texas. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:34 P.M. C. Public Hearing: Zoning Amendment at S. Main Street and E. Republic Avenue (MU to LI) - Planning and Development Services. At 8:34 P.M., Mayor DonCarlos conducted a public hearing to rezone approximately 18.10 acres of the W. Scott Survey, Abstract No. 65 from Mixed Use (MU) zoning district to Light Industry (LI) zoning district, located at the southeast intersection of S. Main Street and E. Republic Avenue, Harris County, Texas. City Manager Leiper stated that a representative from SETCO, Inc., owner of the vacant property within the subject area, approached the City with a request to consider a rezoning at this location to accommodate a proposed light industrial use. The property owner of the existing warehousing/distribution facility located at the intersection of S. Main Street and Republic Avenue, Wismer Distribution Company has been briefed on the proposed rezoning and supports the application. Pursuant to Section 130-153 of the Code of Ordinances, the City Manager may initiate an application to rezone property. This application is to rezone approximately 18.10 acres located at the southeast intersection of S. Main Street and E. Republic Avenue from Mixed Use (MU) Zoning District to LI (Light Industry) Zoning District. There are seven (7) parcels in the subject area, including railroad right-of-way that encompasses an abandoned spur. The properties in the vicinity of S. Main and E. Republic either are or have been used for heavy commercial and industrial purposes for many years. Industrial zoning use at this location supports the Baytown 2025 Comprehensive Plan and 2008 Vision Statement by fostering economic development and allowing existing business to grow while simultaneously improving the community's quality of life through the installation of attractive, landscaped vegetative buffer zones. Several citizens spoke at the Planning and Zoning Commission's public hearing with concerns about increased taxes and the potential negative impacts of the future industrial land uses. Staff noted that the City's operational performance standards would apply to this property, which are intended to protect the health, safety and welfare of the citizens of the City by regulating potential nuisance features associated with certain land uses such as noise, vibration, fire and explosive hazards, light, glare and electromagnetic interference. The Commission voted unanimously to recommend approval of the zoning amendment at its regular meeting on June 15, 2011. Council Member Sheley inquired if the trucking operations are 24 hours. City Manager Leiper stated that the trucking operations were not 24 hours. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:36 P.M. d. Ordinance: Zoning Amendment at S. Main Street and E. Republic Avenue (MU to LI) - Planning and Development Services. City Manager Leiper presented the agenda item and stated that the description is the same in reference to agenda item 3.c. City Manager Leiper clarified that there were six (6) members present for vote as required. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 11,678. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 11,678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING THAT PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF S. MAIN STREET AND E. REPUBLIC AVENUE, MORE PARTICULARLY DESCRIBED AS APPROXIMATELY 18.10 ACRES IN THE W. SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, TO REZONE SUCH PROPERTY FROM A MIXED USE (MU) ZONING DISTRICT TO A LIGHT INDUSTRY (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider Zoning Amendments south of FM 565, east of SH 146 (to MU, LI, and HI) - Planning and Development Services. City Manager Leiper presented the agenda item and stated that at the last meeting a request was made to narrow the scope of this zoning. He stated that staff's recommendation was to rezone all of the area along the Bayou and outside of the 300 foot commercial strip as heavy industry with a light industry buffer zone. The amendment proposal preserves the rezoning of tract for the Jet Oil, it applies a light industrial buffer to the Bayou side of that tract, and it skips the Bayer property. Staff's recommendation is to leave the 300 foot commercial buffer in the front and rezone the Cemex property as well as the undeveloped land to north of that wrapping that entire tract with a light industrial buffer. City Manager Leiper stated that there was no rezoning of the old Landfill and the wastewater treatment plant. Alan Hudgins registered to speak before Council in regards to agenda item 4.a. Mr. Hudgins requested additional time to speak. Mayor DonCarlos extended an additional one (1) minute for Mr. Hudgins to speak before Council. Council Member Hoskins suggested amending the Ordinance to include the water treatment plant, the perimeter around the treatment plant, and the southern part of the land area where the grinder is located to heavy industrial. City Manager Leiper stated that rezoning the treatment plant to heavy industrial changes nothing. Council Member Hoskins stated that if the treatment plant classifies itself as heavy industrial, staff should comply with the rules already set. City Attorney Ignacio Ramirez stated that initially, this item was on the agenda to approve to make changes, but for this agenda that option was taken out and now the public doesn't have notice to come speak for or against the specifics of this item. He further clarified that the only thing on the agenda item is the current configuration and stated that territory cannot be added to it, but can be discussed and added to a future agenda. Council Member Hoskins withdrew his motion. City Manager Leiper stated that a separate rezoning would have to be done for the treatment plant. Mayor DonCarlos stated that there were six (6) members present for vote as required. A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 11,679. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 11,679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING THAT PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF S. MAIN STREET AND E. REPUBLIC AVENUE, MORE PARTICULARLY DESCRIBED AS APPROXIMATELY 18.10 ACRES IN THE W. SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, TO REZONE SUCH PROPERTY FROM A MIXED USE (MU) ZONING DISTRICT TO A LIGHT INDUSTRY (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider Construction Contract for CDBG Non Housing Building and Structural Improvement Project - Engineering. City Manager Leiper presented the agenda item and stated that Ordinance No. 11,680 awards a construction contract to RAM Design Build Corporation for the CDBG Non -Housing Building Hardening and Structural Improvement project in the amount of $1,555,356.00 and also authorizes the transfer of grant funds in the CDBG Disaster Recovery Entitlement Grant to the CDBG Non -Housing Building Hardening and Structural Improvement project. CDBG has a required construction completion date of February 29, 2012. This project consists of hardening seven of the following City public safety buildings: City Jail, EMS building, and five Police facilities. In addition, this project also constructs a new single story four bay addition to the existing EMS building. The hardening improvements include impact resistant shutters, screening, windows and doors; building strengthening; roof replacement; two emergency generators; and code improvements. These improvements will better protect the affected buildings and allow the City to operate more safely and efficiently during wind events, storms and hurricanes in the future. This project was originally to be partially funded through the Texas Department of Rural Affairs' (TDRA) CDBG Disaster Recovery Entitlement Grant Program as well as 2007 bond funds. A fund transfer request was recently approved by TDRA making this project fully funded through the TDRA's CDBG Disaster Recovery Entitlement Program. Five bids were received and publicly opened on May 12, 2011 at 2:00 P.M. in the Council Chambers while the awarding of this bid was delayed until the funding source was finalized. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 11,680. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 11,680 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 RAM DESIGN BUILD CORP., FOR THE CDBG NON -HOUSING BUILDING HARDENING AND STRUCTURAL IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($1,555,356.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider Authorizing a Professional Service Agreement for the West Main Lift Station Rehabilitation Project - Engineering. City Manager Leiper presented the agenda item and stated Ordinance No. 11,681 authorizes a Professional Services Agreement with Schaumburg & Polk, Inc., for the design of the West Main Lift Station Rehabilitation Project in an amount not to exceed $147,742.00. On April 15, 2011, the Architectural and Engineering Committee selected Schaumburg & Polk, Inc., to provide design services for the West Main Lift Station Rehabilitation Project, located at the northeast corner of SH 146 and West Main Street. The scope of this project will include: (1) rehabilitating the existing wet well, (2) installing new piping and a control panel, and (3) replacing the existing pumps that have exceeded their life expectancy. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 11,681. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Absent), Council Member Scott Sheley (Not Present for Vote) Approved ORDINANCE NO. 11,681 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH SCHAUMBURG & POLK, INC., FOR THE WEST MAIN LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED FORTY-TWO AND NO/100 DOLLARS ($147,742.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider Agreement with Port of Houston Authority for Dredged Material Placement for Bayland Marina Reconstruction- Engineering. City Manager Leiper presented the agenda item and stated that Ordinance No. 11,682 authorizes the City Manager to negotiate and execute a Dredge Material Placement Agreement with Port of Houston Authority (PHA) for the Bayland Marina Reconstruction Project and payment of dredging disposal costs to the Port of Houston and the Army Corps of Engineers (ACE). Ordinance No. 11,682 approves the payments to the Port of Houston in an amount not the exceed $652,820.00; however the Port shall receive a minimum payment of $317,240.00 for their services. Staff believes that this minimum cost will account for the estimated required dredging volume of 77,000 CY, which is based on the original subsurface survey done to facilitate design calculations. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,682. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Absent), Council Member Scott Sheley (Not Present for Vote) Approved ORDINANCE NO. 11,682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DREDGED MATERIAL PLACEMENT AGREEMENT WITH PORT OF HOUSTON AUTHORITY FOR THE BAYLAND MARINA RECONSTRUCTION PROJECT CONTINGENT UPON TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY-TWO THOUSAND EIGHT HUNDRED TWENTY AND NO/100 DOLLARS ($652,820.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider Authorizing the Second Amendment to the CDBG Non -Housing - Wastewater Emergency Power Improvement Project - Engineering. City Manager Leiper presented the agenda item and stated that Ordinance No. 11,683 authorizes the Second Amendment to the CDBG Non -Housing Wastewater Emergency Power Improvement Project with Jones & Carter, Inc., for the design services associated with the Point Royale Lift Station and the additional appurtenances being added to the lift stations currently under design. This amendment is expected to be funded through the CDBG Disaster Recovery Grant, which are funds that have been previously authorized. City Manager Leiper stated that this will not change the amount of the original contract but authorizes an additional amount not to exceed $37,500 should the grant not cover the additional services associated with the Point Royale lift station if the City were to terminate the agreement without cause. ORDINANCE NO. 11,683 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 THE SECOND AMENDMENT TO THE CDBG NON -HOUSING WASTEWATER EMERGENCY POWER IMPROVEMENT PROJECT WITH JONES & CARTER, INC., FOR THE DESIGN SERVICES ASSOCIATED WITH THE POINT ROYALE LIFT STATION AND THE ADDITIONAL APPURTENANCES BEING ADDED TO THE LIFT STATIONS CURRENTLY UNDER DESIGN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 11,683. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Absent), Council Member Scott Sheley (Not Present for Vote) Approved 5. PROPOSED RESOLUTIONS a. Consider Adopting Mayor Pro Tem Election Guidelines - Administration. City Manager Leiper presented the agenda item and stated that Resolution No. 2145 establishes procedural guidelines for the election of the Mayor Pro Tem. In 2006, the City Council via minute order established some procedural guidelines for the selection of the Mayor Pro Tem. However, at the June 23rd Work Session, the City Council reviewed such guidelines and determined that the same should be amended. Specifically, at that meeting, the following appeared to be the consensus of the City Council: 1. the Mayor Pro Tem be elected for a 6 month term on a rotating basis; 2. the terms will run from January 1 st to June 30th and from July 1 st to December 31 st of each year; 3. the rotation will be consecutive based on council district number; 4. a Council Member must have served one year on the City Council prior to being elected Mayor Pro Tem; 5. if a Council Member does not wish to serve, cannot serve or does not qualify to serve when scheduled to be elected as Mayor Pro Tem based upon the rotation schedule, the City Council shall elect the next Council Member on the rotation list unless voted otherwise; and 6. subject to the vote of the City Council, the City Council will elect the District 1 Council Member to the term commencing July 01, 2011. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2145. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney Nays: Council Member Terry Sain, Council Member Scott Sheley Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING PROCEDURAL GUIDELINES FOR THE ELECTION OF THE MAYOR PRO TEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider Revising the City of Baytown's Investment Policy and Strategy - Finance. City Manager Leiper presented the agenda item and stated that Resolution No. 2146 is being submitted for review and approval in accordance with the Public Funds Investment Act Section 2256-005 (e) and 2256-005 (f) to update authorized investment officers, add broker dealers and financial institutions to existing approved counter -parties, and include requirement that all City of Baytown funds be collateralized under terms and conditions of FIRREA (Financial Institution Reform, Recovery, and Enforcement Act). A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2146. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; DESIGNATING INVESTMENT OFFICERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Grant Application: U.S. Department of HUD 2011-12 Community Development Block Grant (CDBG) Funds - Planning and Development Services. City Manager Leiper presented the agenda item and stated that Resolution No. 2147 authorizes the City Manager to submit an application to HUD for the 2011-12 CDBG funds. The resolution will also designate the City Manager as the authorized representative to accept and affirm any grant awarded as a result of the application. The proposed budget was reviewed by City Council at a work session on June 9th and recommended for adoption by the Community Development Advisory Committee ("CDAC"). A motion was made by Council Member Brandon Capetillo and seconded by Council Member Scott Sheley approving Resolution No. 2147. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider Adopting the 2010-14 Citizen Participation Plan for the CDBG Program - Planning and Development Services. City Manager Leiper presented the agenda item and stated that Resolution No. 2148 adopts the 2010-2014 Citizen Participation Plan (the "Plan") for the Community Development Block Grant ("CDBG") Program. He stated that every four years the City is required to develop a plan to encourage citizen involvement to participate in the CDBG program. He indicated that the last plan has been updated to comply with the new standards and is good through the Federal year of 2014. RESOLUTION NO. 2148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE 2010-2014 CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2148. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved 6. REPORTS a. Receive Baytown Crime Control and Prevention District 2011-12 Proposed Budget - Finance. City Manager Leiper presented the agenda item to receive the 2011-12 Fiscal Year Budget of the Baytown Crime Control and Prevention District. The Board of Directors ("Board") of the Baytown Crime Control and Prevention District ("CCPD") met on July, 12, 2011, and approved its 2011-12 Fiscal Year budget. In accordance with the alternative budget procedures adopted by the CCPD, the Board is required to submit the budget to the City Council within 10 days after the budget is adopted. As such, this agenda item acknowledges that the Board has submitted its budget and that the City Council has received it. After the budget has been received by the City Council, the following will occur: • The City Clerk will publish notice of the City Council's public hearing for the proposed budget no later than 10 days before the Public Hearing; • The City Council will hold a public hearing on the proposed budget no later than 45 days before October 1, 2011; and • City Council must approve or reject the proposed budget no later than 30 days before October 1, 2011. The City Council may not amend the proposed budget, only approve or reject it. If it is rejected, the City Council and the Board shall meet and together amend and approve the budget before October 01, 2011. The public hearing for this budget is scheduled for August 11, 2011, and consideration for the approval of the budget is scheduled for August 25, 2011. City Manager Leiper stated that no action is necessary. 7. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving agenda item 7.a., 7.b., 7.c., 7.d, 7.e., 7.f., 7.g., Th., 7.i., 7J., 7.k., 7.1., 7.m., and 7.n. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved a. Ordinance No. 11,684: Consider Approving Change Order No. 2 for West District WWTP Expansion Effluent Force Main Project - Engineering. Ordinance No. 11,684 authorizes Change Order No. 2 to the Construction Contract with E.P. Brady, Ltd., for the West District WWTP Expansion Effluent Force Main Project for a reduction in the amount of $44,013.89. Change Order No. 2 includes the main components: 1. The installation of extra linear footage of 30 -inch force main and 60 -inch corrugated metal pipe. The extra linear footage of 30 -inch force main is necessary, in order to avoid unforeseen conflicts under Interstate 10 and the extra linear footage of 60 -inch corrugated metal pipe is necessary, in order to compensate for the severe erosion encountered at the river outfall; 2. Additionally, because the soil conditions encountered in the field were more favorable than anticipated, we were able to make a pipe material revision from DR18 to DR25; this revision is included in this change order. This change in pipe material will result in a credit/savings for the city in the amount of $66,781.00; and 3. Lastly, some survey control points and benchmarks needed to be reinstalled because they have been damaged or removed. The current contract amount for this project is $1,168,421.70. Change Order No. 2 will decrease the contract amount to $1,124,407.81. Change Order No. 2 will not add any time to the current contract length of 90 calendar days. Therefore, the required construction completion for the force main portion of this project remains July 2011. ORDINANCE NO. 11,684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO.2 WITH E.P. BRADY, LTD., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION EFFLUENT FORCE MAIN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY-FOUR THOUSAND THIRTEEN AND 89/100 DOLLARS ($44,013.89); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 11,685: Consider Authorizing a First Amendment to the Professional Service Contract for North Main Water Tower Project - Engineering. Ordinance No. 11,685 authorizes a First Amendment to the Professional Services Contract with HDR Engineering, Inc., for North Main Water Tower Project in an additional amount not to exceed $27,115.00. The original Professional Services Agreement is for an amount not to exceed of $146,590.00. Therefore, this First Amendment will increase the total not to exceed amount for the final design and construction administration of this project to $173,705.00. The additional services associated with the First Amendment include: • Inspection Services of the concrete pier cap, concrete mat tank floor slab and 14 vertical wall lifts; • Additional construction inspection and material testing for the drilled pile supports; • Additional surveying to ensure proper tank alignment and placement; • Additional Electrical Engineering related to the design of special external site lighting to illuminate the upper tank bowl. This project, located adjacent to the Wayne Gray Sports Complex, meets the growing water supply needs for the City and is required by TCEQ, in order to meet state water storage requirements. ORDINANCE NO. 11,685 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 THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR THE NORTH MAIN WATER TOWER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY-SEVEN THOUSAND ONE HUNDRED FIFTEEN AND NO/100 DOLLARS ($27,115.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Ordinance No. 11,686: Consider the Closeout of Baker Road Lift Station & Force Main Project - Engineering. Ordinance No. 11,686 provides for acceptance of the Baker Road Lift Station & Force Main Project and authorizes final payment and release of retainage in the amount of $97,973.79 to Jimerson Underground, Inc. The original contract amount of this project was $954,821.00; three (3) change orders totaling $24,916.88 were executed, bringing the revised total amount of the project to $979,737.88. The project was finished with superior workmanship by the contractor. ORDINANCE NO. 11,686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAKER ROAD LIFT STATION & FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY-SEVEN THOUSAND NINE HUNDRED SEVENTY-THREE AND 79/100 DOLLARS ($97,973.79) TO JIMERSON UNDERGROUND, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,687: Consider the Closeout of the Gulf Coast Lift Station Replacement Project - Engineering. Ordinance No. 11,687 provides for acceptance of the Gulf Coast Lift Station Project and authorizes final payment and release of retainage in the amount of $108,894.96 to T&C Construction, Inc. The original contract price for this project was $2,021,390.00; three (3) change orders totaling $48,594.11 were executed, which resulted in the revised contract amount of $2,069,984.11. The project's total construction cost is $2,063,899.11, which is a savings of $6,085.00. The project was finished on time and with superior workmanship by the contractor. ORDINANCE NO. 11,687 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE GULF COAST LIFT STATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED NINETY-FOUR AND 96/100 DOLLARS ($108,894.96) TO T&C CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 11,688: CDBG Disaster Recovery Fund Grant Administration - Planning and Development Services. Ordinance No. 11,688 authorizes additional funding for the Grant Administration Services Agreement with Public Management, Inc., in the amount of $32,475. The City entered into an agreement for grant administration services associated with the City's grant award under the 2008 Supplemental Disaster Recovery Fund for Hurricane Ike Texas Community Development Block Grant Program administered by the Texas Department of Rural Affairs ("TDRA"). TDRA required Phase II Testing and Analysis for the East WWTP project. On March 21, 2011, the City authorized Public Management, Inc., to conduct those services along with completing environmental reviews for 16 lift station sites that were added to the TDRA grant. The additional services totaled $32,475, making the total amount $316,475 and will be paid in accordance with the Grant Administration Services Agreement. Funding for these services is provided by the TDRA grant funds and no local funds are being used. ORDINANCE NO. 11,688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ADDITIONAL FUNDING FOR THE GRANT ADMINISTRATION SERVICES AGREEMENT WITH PUBLIC MANAGEMENT, INC., IN THE AMOUNT OF THIRTY-TWO THOUSAND FOUR HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($32,475.00) FOR PHASE II TESTING AND ANALYSIS FOR THE EAST WASTEWATER TREATMENT PLANT PROJECT AND FOR ENVIRONMENTAL REVIEWS FOR 16 LIFT STATION SITES THAT WERE ADDED TO THE CITY'S GRANT AWARD UNDER THE 2008 SUPPLEMENTAL DISASTER RECOVERY FUND FOR HURRICANE IKE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTERED BY THE TEXAS DEPARTMENT OF RURAL AFFAIRS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance No. 11,689: Consider Improvements to the Barn Museum at the Republic of Texas Plaza - Parks and Recreation. Ordinance No. 11,689 authorizes an agreement with the Baytown Historical Preservation Association ("BHPA") for improvements to the Barn Museum at the Republic of Texas Plaza. This museum is part of the Association's tours of the Republic of Texas Plaza. The BHPA plans to make improvements to the interior of the Barn Museum which includes: air conditioning, a kitchenette, interior walls and several other minor improvements. Plans and specifications will be reviewed and approved prior to construction by the City. The City will reimburse the BHPA up to $35,000.00 for approved expenses. The BHPA will have one year to complete the improvements. ORDINANCE NO. 11,689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE BAYTOWN HISTORICAL PRESERVATION ASSOCIATION FOR IMPROVEMENTS TO THE BARN MUSEUM AT THE REPUBLIC OF TEXAS PLAZA; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 11,690: Annual Ready -Mix Concrete Contract Renewal - Finance. Ordinance No. 11,690 authorizes the third renewal of the Annual Ready -Mix Concrete Contract in the amount of $125,000.00 with Best Sand and Redi-Mix Company, Inc. Best Sand and Redi-Mix Company, Inc., submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase. This contract is used by the Public Works and Parks and Recreation Departments for various construction projects, including streets and drainage repair, new projects, and rehab projects. Best Sand and Redi-Mix provide excellent service. ORDINANCE NO. 11,690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL READY -MIX CONCRETE CONTRACT WITH BEST SAND AND REDI-MIX COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 11,691: Annual Cleanup and Mowing Contract Renewal - Finance. Ordinance No. 11,691 authorizes the third renewal of the Annual Cleanup and Mowing Contract for the Health Department in the amount of $150,000 with McLemore Building Maintenance, Inc. (MBM), and Niederhofer Enterprises, Inc. Both contractors submitted written requests to renew the current contract for the same pricing, terms and conditions with no CPI increase. This contract is used by the Health Department for vacant lot mowing and illegal dump -site cleanup. Due to the sporadic nature and number of work orders necessary to be processed during peak season, more than one contractor is required to perform mowing services. The contract has fixed rates and includes disposal reimbursement for illegal cleanup to the contract. The availability of contractors to perform this type service has been lean throughout the years; however, the Health Department is now encouraged by the current mowing contractors that have accepted the rates, terms and conditions of the City's Cleanup and Mowing Contract. The amount of award is an estimated amount and allows for renewals with future consumer price index increases if requested by contractors. Both contractors provide excellent mowing services. ORDINANCE NO. 11,691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance No. 11,692: Annual Installation and Repair of Traffic Signal Equipment Contract Renewal - Finance. Ordinance No. 11,692 authorizes the forth renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract with Southwest Signal Supply, Inc., in the amount of $133,600. Southwest Signal submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase. The majority of services will be for new installation, trouble shooting, minor and major repairs which can not be performed in-house, preventative maintenance, rebuilding of traffic signals, and emergency repairs. Southwest Signal continues to maintain excellent service. ORDINANCE NO. 11,692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Ordinance No. 11,693: Consider Approving an Arbitrage Payment to IRS - Finance. Ordinance No. 11,693 approves an Arbitrage Rebate Payment to the United States Internal Revenue Service (IRS) in the amount of $110,243.76 for rebate liability due on Series 2006B Combination Tax and Revenue Certificates of Obligation. The Tax Reform Act of 1986, Section 148 of the Internal Revenue Code and Sections 1.148-1.150 of the U.S. Treasury regulations, require that issuers of tax-exempt securities report to the Internal Revenue Service (IRS), on a five year basis, interest earned on the gross proceeds of tax-exempt securities. Investment earnings on the gross proceeds of tax-exempt securities that exceed the yield paid on the bonds by the issuer are subject arbitrage rebate requirements and create a liability that must be paid to the IRS. Over the five years since the bonds were issued (reporting period), proceeds of the City of Baytown Series 2006B Combination Tax and Revenue Certificates of Obligation have earned investment interest in excess of the interest paid on the bonds by the City of Baytown, creating a liability of $110,243.76, if approved, allows staff to remit the required rebate payment of $110,243.76. ORDINANCE NO. 11,693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXPENDITURE FOR AN ARBITRAGE REBATE PAYMENT TO THE UNITED STATES INTERNAL REVENUE SERVICE (IRS) IN THE AMOUNT OF ONE HUNDRED TEN THOUSAND TWO HUNDRED FORTY-THREE AND 76/100 DOLLARS ($110,243.76) FOR REBATE LIABILITY DUE ON SERIES 2006B COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Resolution No. 2149: Consider Authorizing a Budgeted Interfund Transfer Adjustments - Finance. Resolution No. 2149 authorizes changes in appropriations in the General Fund and Water and Sewer Fund. Specifically, Resolution No. 2149: 1. eliminates the annual budgeted transfer to the Water & Sewer Fund from the General Fund for estimated City water & sewer usage in the amount of $327,054, 2. increases the General Fund transfer to the General Obligation Interest & Sinking Fund by $125,000, 3. increases the Water & Sewer Fund annual budgeted transfer to the General Fund by $300,000, and 4. eliminates the fourth quarter budgeted transfer from the Water & Sewer Fund to the Water & Wastewater Interest and Sinking Fund in the amount of $2,248,984. Section 68 of the Charter authorizes these transfers within the last three months of the budget year as the City prepares to closeout the fiscal year. RESOLUTION NO. 2149 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. 1. Resolution No. 2150: Consider Authorization to Apply to HGAC for Funding of Police Academy Courses - Police. Resolution No. 2150 authorizes the City Manager to apply for funding through the Houston -Galveston Area Council (H -GAC) for the City to provide regional law enforcement training at the Baytown Police Academy facilities. Over past years, H -GAC has paid the City of Baytown from State or Federal funds for such training. The pre- requisites for continued participation in this program is the receipt of a package containing bid proposals together with supporting information and the City Council's approval. The package includes courses that the Police Department desires to present in the Baytown Police Academy facility during 2011-12 fiscal year. Monies that are received from H -GAC will off -set the City's operational costs while continuing the Baytown Police Academy's status as a regional academy. RESOLUTION NO. 2150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY TO THE HOUSTON-GALVESTON AREA COUNCIL FOR FUNDING FOR REGIONAL LAW ENFORCEMENT TRAINING AT THE BAYTOWN POLICE ACADEMY DURING FISCAL YEAR 2011- 12; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Resolution No. 2151: Consider Amending the Authorized Representatives for the Texas Local Government Investment Pool "TexPool" - Finance. Resolution No. 2151 designates Louise Richman, Brent Yowell, Meghan Lair Reed, and Rhonda Ball as Authorized Representatives to transmit funds for investment in Texas Local Government Investment Pool ("TexPool"), and to take other actions necessary or appropriate for the investment of local funds. All transactions and other necessary or appropriate actions require approval by an Authorized Investment Official as identified in the City of Baytown Investment Policy. RESOLUTION NO. 2151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Resolution No. 2152: Consider Amending the Authorized Representatives for the Texas Short Term Asset Reserve Fund "TexStar" - Finance. Resolution No. 2152 designates Louise Richman, Brent Yowell, Meghan Lair Reed, and Rhonda Ball as Authorized Representatives to transmit funds for investment in Texas Short Term Asset Reserve Fund ("TexStar"), and to take other actions necessary or appropriate for the investment of local funds. All transactions and other necessary or appropriate actions require approval by an Authorized Investment Official as identified in the City of Baytown Investment Policy. RESOLUTION NO. 2152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE PUBLIC FUNDS INVESTMENT POOL KNOWN AS TEXSTAR SHORT TERM ASSET RESERVE FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Appointment: Construction Board of Adjustment and Appeals - Planning and Development Services/City Clerk. City Manager Leiper presented the agenda item to consider seven (7) appointments to the Baytown Construction Board of Adjustments and Appeals. He stated that all members' terms expired on April 30, 2011 and that Donald Carnes, Mike Chatham, James Davis, Gary Rhule, and Monte Young have confirmed their desire for another four (4) year term, which is set to expire on April 30, 2015. Stephen J. Carroll and David Sherron do not seek reappointment, which leaves two (2) at large openings on this board. Currently there are no applicants on file for these open positions. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving the reappointments of Donald Carnes, Mike Chatham, James Davis, Gary Rhule, and Monte Young to the Construction Board of Adjustment and Appeals. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved b. Appointment: Urban Rehabilitation Standards Review Board - Planning and Development Services/City Clerk. Mayor DonCarlos stated that he is holding off on this appointment. C. Appointments: Architecture and Engineering Committee and the Finance Committee - Administration. Mayor DonCarlos stated that he is removing himself from the Finance Committee and appointed Council Member Renteria to the Architecture and Engineering Committee with Council Members Sain and Capetillo continuing to serve on this Committee as well along with Council Member Capetillo continuing to serve as the Chair. Mayor DonCarlos appointed Council Member Hoskins to the Finance Committee and reappointed Council Members Sheley and McCartney to serve on the Committee as well along with Council Member McCartney continuing to serve as the Chair. No vote was needed for this item. d. Election of the Mayor Pro Tem - City Council. Mayor DonCarlos stated that pursuant to the policy previously approved, he recommended to elect Council Member Renteria to serve as Mayor Pro Tem beginning July 01, 2011 and ending on December 31, 2011. A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving to elect Council Member Mercedes Renteria as Mayor Pro Tem beginning July 01, 2011 and ending on December 31, 2011. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved 11. MANAGER'S REPORT a. Pet Adoption Day - Health and EMS. City Manager Leiper presented that agenda item and stated that the City of Baytown Animal Shelter will hold a Pet Adoption Day at the Tractor Supply Store located at 6202 Garth Rd. on July 16, 2011, from 11:00 A.M to 4:00 P.M. b. Present Overview of July 3rd and 4th Celebration - Parks and Recreation. Parks and Recreation Director, Scott Johnson presented an overview of the City of Baytown's annual July 3rd and 4th, 2011 Celebration and acknowledged appreciation for all involved with its success. Shirley Smith registered to speak before Council in regards to this item. 12. ADJOURN A motion was made by Council Member Scott Sheley and seconded by Council Member Terry Sain adjourning the July 14, 2011, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 14, 2011, City Council Regular Meeting of at 9:25 P.M.