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2008 04 10 CC Minutes (2) MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 10, 2008 The City Council of the City of Baytown, Texas met in regular session on April 10, 2008 at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena Yepez Council Member Brandon Capetillo Council Member Don Murray Council Member Sammy Mahan Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Member Caskey led the Pledge of Allegiance and prayer. MINUTES Consider Approval of Minutes of the March 27, 2008 Work Session and March 27, 2008 Regular Meeting Council Member Capetillo moved that the minutes for the April 10, 2008 work session and March 27, 2008 regular meeting. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez Mayor DonCarlos Nays: None The motion carried. Page 2 of 8 Minutes of the Regular Meeting—April 10, 2008 RECOGNITIONS AND CITIZENS COMMUNICATIONS Considered an ordinance accepting a contribution in the amount of$75,000 from ExxonMobil Corporation in support of the Mayor and ExxonMobil Green Team Summer Youth Work Program. Motion made by Council Member Capetillo approving Ordinance 10,870, Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council MembersYepez, Sheley, Capetillo, Caskey, and Mahan Mayor DonCarlos. Nays: None Council Member Murray abstained from the vote (conflict of interest form on file). The motion carried. ORDINANCE 10,870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND EXXONMOBIL GREEN TEAM SUMMER YOUTH WORK PROGRAM. AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND AND NO/100 DOLLARS ($90,000); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Rusty Senac addressed the City Council and provided an update on activities of Friends of Cedar Bayou. Mr. Jerry L. Jones addressed the City Council concerning the proposed barge terminal on Cedar Bayou. Mr. Wajih Rekik addressed the City Council concerning zoning at 204B West YMCA Drive. Mr. Ken Williamson addressed the City Council about the ordinance restricting parking of boats and trailers in front yards. Recognized employees for their dedicated years of service to the City: 5 year employee: Kevin Eaglin, Firefighter 10 year employees: Jeff Becktold, Construction Inspector 15 year employees: Paul Lockett, Certified Utilities Maintenance Technician in Utilities Construction and Tim Cryer, Administrative Support in Police Depai linent 20 year employee: Gary Slot, Police Patrol Officer Page 3 of 8 Minutes of the Regular Meeting—April 10, 2008 Employee of the Month. This agenda item was postponed until the Employee of the Month could attend a City Council meeting. Mayor DonCarlos presented the City Council Proclamation recognizing National Public Safety Telecommunicator's Week,April 13-19, 2008. PUBLIC HEARINGS Conducted the first public hearing on the proposed annexation of a 127.6412 acre tract of land in the extra-territorial jurisdiction Conducted the first public hearing on the proposed annexation of a 127.6412 acre tract of land in the extra-territorial jurisdiction of the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and the B. B. & C, Railroad Survey, Abstract 61, Chambers County, Texas, and being all of that certain tract 23.4590 acres (called 23.407 acres Tract 2) and all of that certain 92.8172 acres (called 92.706 acres Tract 3) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 2, 2004 and recorded in volume 735 at page 648 of the official records of Chambers County, Texas; together with part of that certain 250 feet wide strip of land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain 25 feet wide strip of land conveyed to South Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land conveyed to South Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas. Mayor DonCarlos opened the public hearing at 7:30 p.m. City Manager Brumback provided a summary of the proposed annexation. There were no citizens requesting to speak. Mayor DonCarlos closed the public hearing at 7:32 p.m. Conducted the second public hearing on the proposed annexation of a 127.6412 acre tract of land in the extra-territorial jurisdiction Conducted the second public hearing on the proposed annexation of a 127.6412 acre tract of land in the extra-territorial jurisdiction of the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and the B. B. & C. Railroad Survey, Abstract 61, Chambers County, Texas, and being all of that certain tract 23.4590 acres (called 23.407 acres Tract 2) and all of that certain 92.8172 acres (called 92.706 acres Tract 3) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 2, 2004 and recorded in volume 735 at page 648 of the official records of Chambers County, Texas; together with part of that certain 250 feet wide strip of land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain 25 feet wide strip of land conveyed to South Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of Page 4 of 8 Minutes of the Regular Meeting—April 10, 2008 land conveyed to South Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas. Mayor DonCarlos opened the public hearing at 7:33 p.m. There were no citizens requesting to speak. Mayor DonCarlos closed the public hearing at 7:34 p.m. Conducted a public hearing on the proposed increase in rates of CenterPoint Energy (Entex). Mayor DonCarlos opened the public hearing at 7:35 p.m. City Manager Brumback provided a summary of the proposed annexation. There were no citizens requesting to speak. Mayor DonCarlos closed the public hearing at 7:35 p.m. PROPOSED ORDINANCES Considered proposed ordinance approving the closeout of the West Baytown Sanitary Sewer Rehabilitation Project. The proposed ordinance approves release of retainage in the amount of$92,346.45 to PM Construction, Inc. (PM) and accepts the West Baytown Phase II&III Sanitary Sewer Rehabilitation Project. The original contract was awarded to PM for $2,075,736.20 with a contract duration of 210 days. The project totaled $1,846,929.06; this was a cost savings of $228,807.00. The project was completed in the allotted time. The contractor finished the project with satisfactory workmanship. Motion by Council Member Capetillo approving Ordinance 10,871. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan Mayor DonCarlos. Nays: None Council Member Yepez was not present for the vote. The motion carried. ORDINANCE 10,871 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE WEST BAYTOWN PHASE II AND III SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY-TWO THOUSAND THREE HUNDRED FORTY-SIX AND 45/100 DOLLARS ($92,346.45) TO PM CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Considered Ordinance 10,874 approving a settlement regarding the design, construction and construction oversight of the Emergency Operations Center (this Page 5 of 8 Minutes of the Regular Meeting—April 10, 2008 item was considered after re-convening the regular City Council meeting following the Executive Session). Motion by Council Member Capetillo approving Ordinance 10,874. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan Mayor DonCarlos. Nays: None Council Member Yepez was not present for the vote. The motion carried. PROPOSED RESOLUTIONS Considered Resolution 1,924 denying the rate increases proposed by CenterPoint Energy Resources Corp., dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas, Texas Coast Division. The proposed resolution denies the rate increase proposed by CenterPoint Energy Resources Corp., dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas, Texas Coast Division ("CenterPoint"). The rates should be denied due, in part, to the following: • The Cost of Service Adjustment filed by CenterPoint does not provide for meaningful review of the gas utility's expenses and capital additions; • CenterPoint is requesting an 11%return on equity which is excessive; • CenterPoint's rate request in based upon projections and estimates, which are not permitted under Texas law; and • CenterPoint filed a rate filing package with the Railroad Commission of Texas on March 6, 2008 in order to increase rates in the environs areas for the Texas Coast Division. The Commission will be making rulings which will impact the Statement of Intent filed with the cities located in the Texas Coast Division, including the City of Baytown. It is important that the City, as part of TCUC, participate in the proceeding before the Commission. Only a denial of the increase will get the City before the Commission in a timely way. Motion by Council Member Capetillo approving Resolution 1,924. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan Mayor DonCarlos. Page 6 of 8 Minutes of the Regular Meeting—April 10, 2008 Nays: None Council Member Yepez was not present for the vote. The motion carried. RESOLUTION 1,924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE RATE INCREASE PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS, TEXAS COAST DIVISION ("CENTERPOINT"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. CONSENT Motion by Council Member Capetillo approving Consent Agenda Items 6.a, 6.b, 6.c, and 6.d. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Sheley, Capetillo, Murray, Caskey, Mahan and Yepez Mayor DonCarlos. Nays: None The motion carried. Consider an Interlocal Agreement with the MDD and State Advanced Funding Agreement for the North Main/Alexander Traffic Signal Synchronization Project. ORDINANCE 10,872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE NORTH MAIN/ALEXANDER TRAFFIC SIGNAL SYNCHRONIZATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS TRANSPORTATION COMMISSION; AUTHORIZING PAYMENT TO THE STATE OF TEXAS OF A SUM OF TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed resolution accepting a $107,350 contrubution from Bayer Material Science,LLC., supporting the City of Baytown Recycling Program. Page 7 of 8 Minutes of the Regular Meeting—April 10, 2008 RESOLUTION 1,925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM BAYER MATERIAL-SCIENCE, LLC, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($107,350.00) SUPPORTING THE CITY'S RECYCLING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance authorizing an Energy Savings Project Development Agreement ORDINANCE 10,873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT DEVELOPMENT AGREEMENT WITH JOHNSON CONTROLS, INC., REGARDING ENERGY SAVINGS MEASURES; AUTHORIZING PAYMENT TO JOHNSON CONTROLS, INC., IN AN AMOUNT NOT TO EXCEED SEVENTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($77,438.00); MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council recessed into Executive Session at 7:42 P.M. pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding contemplated litigation and/or possible settlement offers concerning the design and construction of the Emergency Operations Center. The City Council re-convened into the regular City Council Meeting at 8:27 P.M. with no action being taken in the Executive Session. MANAGER'S REPORT City Manager Brumback gave a brief report on the RFQ for a convention hotel on Bayland Island. Page 8 of 8 Minutes of the Regular Meeting—April 10, 2008 Health and EMS Services Director Mike Lester gave a report from Trash Off and announced that the City had been considered for Keep Texas Beautiful Awards. Parks and Recreation Director Scott Johnson informed the City Council that the Parks and Recreation Department, specifically the Eddie V. Gray Wetlands Education and Recreation Center received the "Lone Star Programming" and the "Arts and Humanities" statewide awards at the 2008 Texas Recreation and Park Society Annual Awards Banquet in San Angelo on Friday, March 28th Parks and Recreation Director Scott Johnson informed the City Council that the 27th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 19th at Pete Sultis Memorial Stadium. Opening ceremonies will begin at 9:30 A.M. and competition is scheduled to begin at 10:00 A.M. Library Director Katherine Brown reported that the Sterling Municipal Library will re- open to the public on April 12th rafter being closed for painting and re-carpeting. ADJOURN Council Member Capetillo moved that the meeting be adjourned. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 8:45 p.m. Kaythie Darnell, City Clerk