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2006 01 12 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 12, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 12, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Ronnie Anderson Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present and Council Member Mahan led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the work session and the regular session held December 8, 2005 and the special meeting held on December 22, 2005. Council Member Sheley moved approval of the minutes for the regular session held on December 8, 2005 and the special meeting held on December 22, 2005. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria and Sheley. Mayor Mundinger. Nays: None. The motion carried. Conduct the first public hearing on the proposed annexation submitted by Burnet Bay, Ltd. of 403.9469 acres of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey, Abstract Number 336, Harris County, Texas. This property is the proposed Spring Water Village subdivision which City Council previously approved for creation of an in-city Municipal Utility District. Page 2 of 14 Minutes of the Regular Session – January 12, 2006 Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on December 30, 2005, at least twenty and more than ten days prior to today’s date. The property is owned by Burnett Bay, Ltd. and is proposed for residential development. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council approved the petition for annexation on December 8, 2005. The public hearing was opened at 6:33 p.m. No one signed to address Council during the public hearing. The public hearing was closed at 6:35 p.m. Conduct the second public hearing on the proposed annexation submitted by Burnet Bay, Ltd. of 403.9469 acres, of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey, Abstract Number 336, Harris County, Texas. This property is the proposed Spring Water Village subdivision which City Council previously approved for creation of an in-city Municipal Utility District Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on December 30, 2005, at least twenty and more than ten days prior to today’s date. The property is owned by Burnett Bay, Ltd. and is proposed for residential development. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council approved the petition for annexation on December 8, 2005. The public hearing was opened at 6:36 p.m. No one signed to address Council during the public hearing. The public hearing was closed at 6:37 p.m. Consider Proposed Ordinance No. 060112-1, the second reading of the ordinance on the proposed annexation of a .0295 acre (1,285 square feet) of land out of Lot 2 of the minor Plat of Scottish Inns and Suites as recorded in Film Code No. 519052 of the Harris County Map Records, located in the Ed Shaffer Survey, Abstract No. 1224, and the T.T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, located directly behind the proposed Discount Tire Store on Garth Road. The property is intended to be developed as part of the parking and landscaping for the proposed Discount Tire Store. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Page 3 of 14 Minutes of the Regular Session – January 12, 2006 Nays: None. The motion carried. ORDINANCE NO. 10,216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 0.295 ACRES OF LAND IN THE ED SHAFFER SURVEY, ABSTRACT NO. 1224, AND THE T.T. RISTERGEN SURVEY, ABSTRACT NO. 1425, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 060112-2, placing the .0295 acre (1,285 square feet) of land out of Lot 2 of the minor Plat of Scottish Inns and Suites as recorded in Film Code No. 519052 of the Harris County Map Records, located in the Ed Shaffer Survey, Abstract No. 1224, and the T.T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, located directly behind the proposed Discount Tire Store on Garth Road in Council District 3. The property is located directly behind the proposed Discount Tire Store on Garth Road in Council District 3. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 0.0295 ACRES OF LAND IN THE ED SHAFFER SURVEY, ABSTRACT NO. 1224, AND THE T.T. RISTERGEN SURVEY, ABSTRACT NO. 1425, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060112-3, the second reading of the ordinance of the proposed annexation of a 0.323 acre tract situated in the Ed T. Scheffer Survey Abstract 1224, Harris County, Texas and being out of and a part of Lot 12 and the West ½ of Lot 13, Block 1 of the East End Addition to Highland Farms Subdivision; map of which is of record in Volume 15 at Page 60 of the map Records of Harris County, Texas. Said 0.323 of an acre also being out of and a part of that certain 0.838 of an acre tract heretofore Page 4 of 14 Minutes of the Regular Session – January 12, 2006 surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East End Addition to Highland Farms Subdivision. Subject property is located on North Road near the intersection of Garth Road. The property is intended to be developed as commercial leased property. Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 0.323 ACRE TRACT SITUATED IN THE ED T. SHAFFER SURVEY, ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF LOT 12 AND THE WEST ½ OF LOT 13, BLOCK 1 OF THE EAST END ADDITION OF HIGHLAND FARMS SUBDIVISION AND ALSO BEING OUT OF AND A PART OF THAT CERTAIN 0.838 OF AN ACRE TRACT HERETOFORE SURVEYED OUT OF LOTS 10, 11, 12 AND 13, BLOCK 1 OF SAID EAST END ADDITION TO HIGHLAND FARMS SUBDIVISION; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 060112-4 placing the 0.323 acre tract situated in the Ed T. Scheffer Survey Abstract 1224, Harris County, Texas and being out of and a part of Lot 12 and the West ½ of Lot 13, Block 1 of the East End Addition to Highland Farms Subdivision; map of which is of record in Volume 15 at Page 60 of the map Records of Harris County, Texas. Said 0.323 of an acre also being out of and a part of that certain 0.838 of an acre tract heretofore surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East End Addition to Highland Farms Subdivision in Council District 4. Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 5 of 14 Minutes of the Regular Session – January 12, 2006 ORDINANCE NO. 10,237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 0.323 ACRE TRACT SITUATED IN THE ED T. SHAFFER SURVEY, ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF LOT 12 AND THE WEST ½ OF LOT 13, BLOCK 1 OF THE EAST END ADDITION OF HIGHLAND FARMS SUBDIVISION AND ALSO BEING OUT OF AND A PART OF THAT CERTAIN 0.838 OF AN ACRE TRACT HERETOFORE SURVEYED OUT OF LOTS 10, 11, 12 AND 13, BLOCK 1 OF SAID EAST END ADDITION TO HIGHLAND FARMS SUBDIVISION TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. a. Consider Proposed Ordinance No. 060112-5, for a “ No Parking, Tow Away Zone” created 30 feet back from the intersection of Hugh Echols Boulevard at Baker Road on the west side of Hugh Echols Boulevard and extending 475 feet; or b. Consider Proposed Ordinance No. 060112-6 for a “No Parking, Tow Away Zone” created 30 feet back from the intersection of Hugh Echols Boulevard at Baker Road on both sides of Hugh Echols Boulevard and extending 475 feet. Council Member Mahan moved adoption of the proposed ordinance option “b” which provides for a “No Parking, Tow Away Zone” created 30 feet back from the intersection of Hugh Echols Boulevard at Baker Road on both sides of Hugh Echols Bouldvard and extending 475 feet. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE III “DESIGNATION-NO PARKING ZONES” TO DESIGNATE A PORTION OF BOTH SIDES OF HUGH ECHOLS BOULEVARD AS A NO PARKING, TWO AWAY ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060112-7, amending Section 30-153 of the Baytown Code of Ordinances to adopt new fees for ambulance service. Page 6 of 14 Minutes of the Regular Session – January 12, 2006 Medicare has been phasing in the fee schedule, with the final changes taking effect on January 1, 2006. Historically, Medicare reimbursed EMS providers for base rates, mileage, supplies and services. The final phase of the fee schedule will only provide reimbursement for base rates and mileage. Based upon the changes that are taking place in ambulance reimbursement, it is recommended that we amend the EMS ordinance to reflect base rate/mileage fee structure and eliminate other fees for supplies and services. These changes should allow for the loss in Medicare revenue as well as keep our forecasted revenue stream in the 05/06 budget. A memo with additional information was included in the Council packet. Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,239 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 30 “EMERGENCY SERVICES,” ARTICLE III “EMERGENCY MEDICAL SERVICES,” DIVISION 3 “SERVICES,” SECTION 30-153 “FEES” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO REVISE EMERGENCY MEDICAL SERVICE CHARGES AND CONFORM THE SAME TO THE MEDICARE REIMBURSEMENT GUIDELINES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060112-1 authorizing the filing of a Zoning Amendment Permit Application concerning (i) the establishment of historical and planned unit development overlay districts and (ii) the amendment process regarding substantive text amendments. Currently, the City’s zoning ordinance does not contain any overlay districts and does not allow the creation of such districts without an advisory vote of the citizens of Baytown. The proposed resolution would allow the P&Z Commission and City Council together with its citizens to consider not only whether a historical and/or planned unit development overlay district may be appropriate but also whether the amendment process to the text of the zoning ordinance should be changed. The proposed resolution will not bind Council in the future to vote for or against any particular amendments but merely commences the amendment process. Should Council approve this resolution, the P&Z Commission will review the application and proposed amendments at its meeting on January 18, 2006. It will then hold a public hearing on the proposed amendments at its meeting on January 18, 2006. Thereafter, the P&Z Commission will prepare and deliver a report and recommendation to the City Council to either approve or disapprove each proposed amendment. Once the City Council receives the report, the City Council will hold another public hearing and then ultimately decide whether any amendments to Page 7 of 14 Minutes of the Regular Session – January 12, 2006 the text of the zoning ordinance are appropriate. A memo with additional information was included in the Council packet. Council Member Murray moved adoption of the proposed Resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SUBMITTING OF A ZONING AMENDMENT PERMIT APPLICATION CONCERNING (I) THE ESTABLISHMENT OF HISTORICAL AND PLANNED UNIT DEVELOPMENT OVERLAY DISTRICTS AND (II) THE AMENDMENT PROCESS REGARDING SUBSTANTIVE TEXT AMENDMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060112-2, authorizing a Notice of Intent to Issue Certificates of Obligation in the amount of $12,230,000. Proposed Resolution No. 060112-2 authorizes a Notice of Intent to Issue Certificates of Obligation in the amount of $12,230,000. The Certificates of Obligation will fund utility projects. Prior to the sale of certificates of obligation, the City Council must publish notice of its intention to sell the bonds. The publication must occur twice, with the date of the first publication at least fifteen (15) days before the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. The proposed resolution approves the form and content of the notice to be published and authorizes the mandated publication. Council Member Anderson moved adoption of the proposed Resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 14 Minutes of the Regular Session – January 12, 2006 Consider providing direction to staff for development of a contract with the Baytown Chamber of Commerce for tourism and visitor services. The Baytown Chamber of Commerce has offered to contract with the City of Baytown for tourism services in the amount of $45,000. Funding in the amount of $45,000 for tourism and visitor services is included in the Hotel/Motel Fund adopted 2005-06 Budget. Council Member Renteria moved for the development of a contract with the Baytown Chamber of Commerce for tourism and visitor services. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consent Agenda. a. Proposed Ordinance No. 060112-8 authorizes the continued employment of two individuals previously assigned to the Harris County Organized Crime and Narcotics Task Force (HCOCNTF) in order to analyze reports and records for record retention. In July 2005, HCOCNTF ceased operations. The City of Baytown Police Department inherited all records associated with this agency which date back to the creation of the organization in the early 1970s. Many of these records have exceeded the minimum local and state retention periods. The department proposes to continue to utilize two remaining employees from the HCOCNTF to analyze reports to bring these records in compliance with the City’s and State’s current retention policy and requirements. HCOCNTF’s records were not computerized until the late 1990s. In order to determine compliance with the records retention policy, each record must be analyzed individually to determine the correct retention period. The two employees the department is proposing to retain are familiar with the City’s and State’s current retention policies and requirements. Outside imaging companies will not perform records retention tasks, only imaging projects. Funding for these individuals will come from the seized funds left over from the HCOCNTF operations which were placed in the Organized Crime Transition Fund. b. Proposed Ordinance No. 060112-9 approves an interlocal agreement with the Baytown Municipal Development District to provide funding for engineering services related to a signal warrant study at Garth Road and Independence Boulevard. This interlocal agreement was approved by the MDD Board on January 5, 2006. c. Proposed Resolution No. 060112-3 authorizes the City Manager to apply for a Page 9 of 14 Minutes of the Regular Session – January 12, 2006 grant from the Homeland Security Commercial Equipment Direct Assistance Program for an Incident Commander’s Radio Interface. This equipment would enable the Fire Department to communicate directly with other agencies and our industrial partners, and enhance radio communications in large buildings. d. Proposed Resolution No. 060112-4 authorizes the City Manager to apply for a grant from the Federal Emergency Management Agency (FEMA) through the Hazard Mitigation Grant Program (HMGP) administered through the State of Texas. This grant places emphasis on cost-effective hazard mitigation measures identified through floodplain management which substantially reduces the risk of future damage, hardship, loss or suffering resulting from a major disaster. This resolution authorizes the City Manager to apply for the grant. If awarded, any activity under the grant would require payment of at least a 25% match. The match could be a cash or in-kind payment by the City or, in the case of property acquisition, a reduction in purchase price by the owner. Federal contributions can be up to, but not exceed, 75% of the cost of the hazard mitigation measures approved for funding. City of Baytown will submit two types of applications: Acquisition and Retrofit: Seventeen properties have been identified as repetitive loss properties and have experienced losses from previous natural disasters. These properties are also located within the 100-year flood plain and eligible for voluntary acquisition under this grant program. Total cost for acquisition and demolition is estimated at $1,869,169.00 of which the city’s minimum match would equal $467,293.00. The Municipal Jail was used as a shelter for city employees during Hurricane Rita. The second application will provide window shutters for exterior windows and doors in the administrative portion of the structure. These shutters will provide added building protection and security during future events. Total cost for this application is estimated at $25,000.00 of which the city’s minimum match would equal $6,250.00. City of Baytown’s minimum match for both applications equals $473,543.00. This amount could be spent over a two-year period and, with Council approval, may be available in future fund balance adjustments over the next two budget years. All approved projects must be completed within a two-year timeframe or FEMA funding will be lost. Receipt of this grant does not obligate the City to expend funds if the match is unavailable at that time. Under the Stafford Act, any land purchased with HMGP funds must be restricted to open space, recreational, and wetlands management uses in perpetuity. e. Proposed Ordinance No. 060112-10 awards a contract amendment for professional services with Post, Buckley, Schuh, and Jernigan, Inc. (PBS&J) for the Woodlawn Lift Station Project. The original contract amount, which included services for a preliminary engineering report was for $24,500. This contract amendment will increase the contract by $45,500 to $70,000. This contract amendment will provide for final engineering services in order to provide for a bid package. This project is funded through Certificates of Obligation. Page 10 of 14 Minutes of the Regular Session – January 12, 2006 f. Proposed Ordinance No. 060112-11, awards a construction contract for the Fire Station #3 Expansion Project to Montgomery Building Services, LLC in the amount of $178,485. The scope of work includes the expansion of the existing Fire Station #3 building to house EMS personnel. The size of the expansion is approximately 650 square feet and will include a common living space area. The opinion of probable cost and/or the estimated construction cost was $181,826 which was very close to the actual bid amount of $178,485. The contract duration for this project is 120 calendar days and it will be funded from the General Fund CIPF. g. Proposed Ordinance No. 060112-12, awards the bid for the annual gasoline and diesel fuel contract to Oil Products Distribution, Ltd. in the amount of $1,631,530.87. Invitations to Bid were sent to seventeen (17) suppliers and we received seven (7) responses and one no-bid. Total amount includes all taxes and environmental fees for all entities (City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and the City of Seabrook) included in the Interlocal Contract for fuel. The City of Baytown portion of this contract is $954,811.82. The price per gallon of fuel is based on the daily Oil Publication Information Sheet (OPIS) price per gallon. h. Proposed Ordinance No. 060112-13 prescribes the number of positions within each classification in the Fire Department. The City Council in the 2005-06 Adopted Budget approved the upgrade of one Battalion Chief to an Assistant Chief for more effective and efficient management of the Department. In addition, City Council in the 2005-06 Adopted Budget approved 6 new firefighter positions. This proposed change increases the overall staffing within the Department by six. This proposed ordinance prescribes the following number of positions in each classification: Fire Chief 1 Assistant Chief 3 Battalion Chief 5 Lieutenant 17 Engineer 15 Fire Fighter 51 Total 92 i. Proposed Resolution No. 060112-5, authorizes and directs the Mayor to execute General Certificates of Local Governmental Unit and the Certificate of Highest Elected Official relating to Southeast Texas Housing Finance Corporation’s (SETH) issuance of Single Family Mortgage Revenue and Refunding Bonds, Series 2006A. SETH proposes to issue up to $30,000,000 in bonds to offer low fixed-rate mortgages with the option of down payment and closing cost assistance to first-time low and moderate income homebuyers. The issuance of the bonds is expected to advance SETH’s continued efforts in providing safe, decent, sanitary, and affordable housing to residents of its sponsoring political subdivisions, Page 11 of 14 Minutes of the Regular Session – January 12, 2006 including the City of Baytown. To gain approval of the Texas Attorney General’s Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City’s approval of SETH’s Restated Articles of Incorporation, the City’s appointment of Daniel Sandoval to SETH’s Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. Council Member Sheley moved adoption of the consent agenda, items a through i. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONTINUED EMPLOYMENT OF TWO INDIVIDUALS PREVIOUSLY ASSIGNED TO THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE IN ORDER TO ANALYZE REPORTS AND RECORDS OF SUCH TASK FORCE TO BRING THE SAME INTO COMPLIANCE WITH THE RECORDS RETENTION POLICIES OF THE CITY OF BAYTOWN AND THE STATE OF TEXAS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY-EIGHT THOUSAND FOUR HUNDRED SIX AND 01/100 DOLLARS ($68,406.01); MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR A SIGNAL WARRANT STUDY OF THE INTERSECTION OF GARTH ROAD AND INDEPENDENCE BOULEVARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION FROM THE HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM OF THE U.S. DEPARTMENT OF HOMELAND SECURITY’S OFFICE OF DOMESTIC PREPAREDNESS FOR TECHNOLOGY AND EQUIPMENT; AUTHORIZING REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDNG FOR THE EFFECTIVE DATE THEREOF. Page 12 of 14 Minutes of the Regular Session – January 12, 2006 RESOLUTION NO. 1763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION FOR A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) THROUGH THE HAZARD MITIGATION GRANT PROGRAM (HMGP) ADMINISTERED THROUGH THE STATE OF TEXAS; AUTHORIZING THE CITY’S MATCH OF FOUR HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED FORTY- THREE AND NO/100 DOLLARS ($473,543.00); AUTHORIZING REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,242 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 CONTRACT FOR ENGINEERING SERVICES WITH POST, BUCKLEY, SCHUH, AND JERNIGAN, INC. FOR THE FINAL DESIGN AND OTHER ENGINEERING SERVICES ASSOCIATED WITH THE WOODLAWN LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($45,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,243 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 MONTGOMERY BUILDING SERVICES, LLC, FOR THE FIRE STATION #3 EXPANSION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY-EIGHT THOUSAND FOUR HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($178,485.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF OIL PRODUCTS DISTRIBUTION, LTD., FOR THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED THIRTY-ONE THOUSAND FIVE HUNDRED THIRTY AND 87/100 DOLLARS ($1,631,530.87); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,245 Page 13 of 14 Minutes of the Regular Session – January 12, 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL CERTIFICATES OF LOCAL GOVERNMENTAL UNIT AND THE CERTIFICATES OF HIGHEST RANKING OFFICIAL RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE AND REFUNDING BONDS, SERIES 2006A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the EMS Advisory Committee (1). Council Member Anderson moved that Randy Kimmey be re-appointed to the Emergency Management Services Advisory Committee for a two-year term. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to Community Development Committee (3). Council Member Murray moved that Terry Sain be appointed to the Community Development Advisory Committee for a two-year term. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to Baytown Industrial Development Corporation Board (6). This item was not ready for consideration. Consider appointments to Planning and Zoning Commission (5). Council Member Capetillo moved that the current incumbents Rolando Valdez, Barry Bobbitt, Page 14 of 14 Minutes of the Regular Session – January 12, 2006 Gilbert Chambers, Lewis McRee, and Jim Hutchison be re-appointed to the Planning and Zoning Commission for two-year terms. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager’s Report. City Manager Gary Jackson reported that the Police Academy ribbon cutting would be at 10 am on January 27, 2006 . He also noted that City Offices would be closed on January 16, 2006 in observance of Martin Luther King Day. He also stated that the United Way campaign was a success and recognized Building Services Director Gregory Stubbs for coordinating the City’s United Way campaign. Adjourn. Council Member Capetillo moved that the meeting adjourn. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:28 p.m. ____________________________________ Lorri Coody City Clerk