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2014 04 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 24, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 24, 2014, 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 Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sam Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Alisha Segovia Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney Deputy City Clerk Sergeant at Arms Mayor DonCarlos convened the April 24, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize Ms. Carol Sellers as a 2014 Silent Hero Award recipient. City Manager Leiper presented the agenda item and recognized Ms. Carol Sellers as a 2014 Silent Hero Award recipient. b. Recognize the March of Remembrance event on Saturday, April 26, 2014. Ms. Rebecca Smith from Trinity Episcopal Church presented the agenda item and stated that the Baytown March of Remembrance event will take place on Saturday, April 26th, from 1:00 -5:00 P.M. beginning at Trinity Episcopal Church, located at 5010 North Main Street. City Council Regular Meeting Minutes April 24, 2014 Page 2 of 11 C. Present a proclamation designating May as Motorcycle Safety and Awareness Month. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Michael Jordan and the Dustpans Motorcycle Club the proclamation designating May as Motorcycle Safety and Awareness Month. d. Present a proclamation designating May 3 -11, 2014, as National Travel and Tourism Week. Tourism Coordinator, Anna Enderli presented the agenda item and Mayor DonCarlos presented to Anna Enderli the proclamation designating May 3 -11, 2014, as National Travel and Tourism Week. e. Present a proclamation designating May 4 -10, 2014, as Public Service Recognition Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to the Directors of the City of Baytown the proclamation designating May 4 -10, 2014, as Public Service Recognition Week. f. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown Employees for their years of service (5, 10, 15 plus years). 5 Years: Daryl Beene - Public Works, Heavy Equipment Operator Richard Guillory - Public Works, Wastewater Treatment Foreman 25 Years: Henry Powell - Public Works, Master Utility Maintenance Technician - Utility Construction 2. PUBLIC HEARINGS a. Conduct the first public hearing regarding the proposed voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville and Garth Roads. At 6:50 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest comer of Wallisville and Garth Roads. City Council Regular Meeting Minutes April 24. 2014 Page 3 of I l City Manager Leiper stated that this is the first public hearing regarding the proposed voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, northwest comer of the intersection of Garth and Wallisville Roads; commonly known as MUD 2138. City Manager Leiper stated that the applicant Sowell Wallisville Partners, L.P., has indicated the intended use of the property as commercial development fronting Garth and Wallisville Roads, and an approximately 490 single family residential lot subdivision behind the commercial property. He stated that the area to the west, the additional 13.87 acres that was originally included will not be developed in the near future and is being disannexed by MUD 213B. He further stated that the total acreage includes the approximate 111.82 acres of land plus an additional approximate 2.975 acres of right -of -way along Wallisville Road. With there being no one registered to speak, Mayor DonCa los closed the first public hearing at 6:53 P.M. b. Conduct the second public hearing regarding the proposed voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville and Garth Roads. At 6:53 P.M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville and Garth Roads. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 6:53 P.M. 3. a. Consider an ordinance for the first reading regarding the proposed voluntary annexation of approximately 27.84 acres of land situated in Block 20, Highland Farms W.C.R.R Co. Survey No.l, Abstract No. 899, Harris County, Texas. City Manager Leiper presented the agenda item and stated that the applicant, Jean Hansen, has indicated the intended use of the property as commercial development fronting Garth Road. He stated that annexation is being requested in order to extend city utilities to the site and the exact location of the property will be the site of the new Kroger Marketplace. He stated that on February 27, 2014, the City Council approved a resolution granting the petition of Jean Hansen, and directed staff to create a service plan for the proposed area of annexation. City Manager Leiper further stated that notices for the first and second public hearing were published in the March 11, 2014, issue of the Baytown Sun and posted on the City's website and notice board. He stated that the first and second public hearings were held by City Council on March 27, 2014, and that the second reading of the ordinance and completion of annexation proceedings are scheduled for May 22, 2014. City Council Regular Meeting Minutes April 24, 2014 Page 4 of 11 Mayor DonCarlos inquired about two tracks that were not included in the annexation. City Manager Leiper stated that when the involuntary annexation was done, under state law, the owners have the right to opt out and sign a development agreement. Therefore, he stated that the owners of those two tracks opted out; however, should they ever seeks to develop those tracks, we would have to annex them. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,527. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tom David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved OR NO. 12,527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 27.84 ACRES OF LAND OUT OF BLOCK 20, HIGHLAND FARMS W.C.R.R CO. SURVEY NOA, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, APPROXIMATELY 4,000 FEET SOUTH OF 1 -10 AND WEST OF GARTH ROAD, BETWEEN HUNT AND ARCHER ROADS. WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. It. Consider an ordinance authorizing a Development Agreement with the Baytown Redevelopment Authority and the Reinvestment Zone Number One, City of Baytown, Texas, for reimbursement of public improvements for the TIRZ John Martin Road Improvement Project. City Manager Leiper presented the agenda item and stated that this public project will facilitate the extension of John Martin Road from 1 -10 to Hunt Road, including the Hunt Road intersection and related appurtenances. He stated that the estimated constmction cost of the City's portion for the improvements is $2.5 million and the agreement provides the terms and conditions for reimbursement to the City of 100% of the funds advanced for the public improvement. He stated that the City will design and construct the public improvements in conjunction with Harris County. He further stated that once the improvements are completed and approved by the City's engineer, the City will accept the improvements and be responsible thereafter for their City Council Regular Meeting Minutes April 24, 2014 Page 5 of l I maintenance. City Manager Leiper stated that this development agreement was considered and approved by the TIRZ and Baytown Redevelopment Authority Board on April 08, 2014. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,528. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR THE JOHN MARTIN ROAD IMPROVEMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8�11f711Cv a. Receive the written comments from the Planning & Zoning Commission on the proposed amendments to the land use assumptions, capital improvements plan and impact fees. City Manager Leiper presented the agenda item and stated that no action was necessary on this item. He stated that the impact fees must be renewed every five (5) years under stated regulations and the City can only use impact fees for projects that are listed in the impact fee study. City Manager Leiper stated that the Planning and Zoning Commission, acts as the Capital Improvements Advisory Committee, met and reviewed the proposed amendments to the land use assumptions, capital improvements plan and impact fees on March 18, 2014. He stated that the Commission filed written comments in compliance with Chapter 395 of the Texas Local Government Code, required before the fifth business day before the date of the City Council's public hearing on the amendments, which will be May 08, 2014. h. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending March 31, 2014. Finance Director, Louise Richman presented the agenda item and stated that the sales tax is on target right at 50 %. She stated that property tax is 97% of budget and that the property tax City Council Regular Meeting Minutes April 24, 2014 Page 6 of 11 valuation is 10% above budget. Ms. Richman stated that the IDA revenues are over budget and building permits are very strong at 82% of budget for six (6) months. She stated that HOT revenues are doing well and the water and sewer revenues are on target at 48 %. Additionally, she stated that the investment revenues continue to well. In regards to the expenditures to budget comparison, Ms. Richman stated that the general funds are at 46% and on target, the aquatics is still to happen this summer, hotel /motel is at 32 %, water and sewer is at 49 %, and solid waste is at 78 %. Ms. Richman stated that the investments are right at S 132 million for the second quarter which is .1419 %. 5. DISCUSSIONS a. Presentation and Discussion of 2014 Citizen Survey Results City Manager Leiper presented the agenda item and stated that Chris Tatham, Executive Vice President at ETC Institute, presented this year's results. He stated that Chris is one of the nation's leading authorities on the development of qualitative and quantitative customer satisfaction research for state and local governments. He further stated that during the past ten years, Chris has designed and implemented customer satisfaction assessments for more than 300 governmental agencies in 44 different states. Chris presented the presentation and discussion. He stated that the City's 2014 Direction Finder Citizen Survey was delivered to 1200 randomly- selected residents in January. He stated that ETC worked from January- February to collect at least 400 responses that reflect the City's geographic and demographic make -up. He stated that the City's overall satisfaction rating is significantly higher than other cities and that Baytown's customer service ratings are among the very best in the nation. He further stated that in order to improve overall satisfaction with city services, the City should emphasize improvements in areas that are of high importance to residents where satisfaction levels are lower, such as, traffic flow /congestion management and street maintenance and street lighting. Mr. Tatham stated that the area with the highest satisfaction ratings are residential trash collection and solid waste services; City employees were courteous and polite; how quickly ambulances and fire personnel respond to emergencies; helpfulness of library staff and the overall quality of library materials; and police, fire, and ambulance services. He stated that the areas with the lowest satisfaction ratings are availability of bicycle lanes and pedestrian walkways; redevelopment of abandoned/under - utilized property and downtown Baytown; amount paid for the City's water; and feeling of safety in City parks. He stated that the areas that increased the most regarding trends are how quickly ambulances respond to emergencies and the overall quality of local ambulance services; solid waste services; City employees gave prompt /accurate /complete answers; and City's citizen newsletter. He stated that the areas that decreased the most regarding trends are ease of north/south travel in Baytown; exterior maintenance of residential property; redevelopment of waterfront; other city recreation City Council Regular Meeting Minutes April 24, 2014 Page 7 of 11 programs; quality of the City's indoor recreation facilities; and the overall feeling of safety in Baytown. Mr. Tatham strongly recommended that the City inform the residents if and when their concerns have or have not been addressed, and if not why. City Manager Leiper stated that since last year's survey steps have been made to address some of the traffic flow /congestion concerns, specifically to Highway 146 in Chambers County and Garth Road. b. Discuss a request from Clear Channel Outdoor to convert two existing billhoards along 1 -10 to digital technology. City Manager Leiper presented the agenda item and stated that the City has received a request from Clear Channel Outdoor to convert two existing billboard locations along 1 -10 with new digital technology. Deputy City Manager Ron Bottoms stated that in return for allowing this conversion, Clear Channel has proposed to removing a negotiated number of existing billboards, based on square feet (staff has requested a 4 to I reduction); allowing the City of Baytown to use the digital signs for promotional messages; allowing access to the digital signs in the event of emergency for regional/local emergency messaging; and for five (5) two week periods during the year have an eight (8) second promotion of the City. He stated that the digital signs are 14' x 48' and as a point of reference, using a 4 to I removal ratio, 75 of the (6' x IT) poster signs or 19 of the (12' x 24') signs can be removed. He further stated in regards to safety concerns, that steps will be made to eliminate distractions of the brightness that the light will give out from the sign. During further discussion, City Manager Leiper staled that most, if not all, of the small signs that would be replaced are on someone's property and is being leased to billboard companies. An inquiry was made as to whether if once the old billboard is removed would the apparatus stay in the ground. Mr. Lee stated that the billboard signs will be totally removed. Additionally, City Manager Leiper stated that under the sign ordinance the billboards can never be reinstalled. Mr. Lee stated that these signs will be part of the Gulf Coast Communications Network. 6. CONSENT A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Chris Presley approving the consent agenda items 6.a. through 6.g. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 24, 2014 Page 8 of I l a. Consider an ordinance authorizing the closeout and acceptance of the Needlepoint Tower Waterline Project and the release of retainage to Angel Brothers Enterprises, LTD. ORDINANCE NO. 12,529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NEEDLEPOINT TOWER WATERLINE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY - SIX THOUSAND THREE HUNDRED ELEVEN AND 46/100 DOLLARS ($46,311.46) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving Change Order No. 2 for the Central District WWTP Influent Lift Station Improvement Project. ORDINANCE NO. 12,530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH LEM CONSTRUCTION CO., INC., FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT INFLUENT LIFT STATION IMPROVEMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVENTY -TWO THOUSAND SIX HUNDRED FIFTY -ONE AND 50 /100 DOLLARS ($172,651.50);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 2 to the Bay Oaks Harbor Road Improvement Project with Angel Brothers Enterprises, LTD. ORDINANCE NO. 12,531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAY OAKS HARBOR ROAD IMPROVEMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWENTY -SIX THOUSAND EIGHT HUNDRED EIGHT AND 25/100 DOLLARS ($26,808.25); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 24, 2014 Page 4 of 11 d. Consider a resolution authorizing advanced funding of the 2007 voter- approved bond program for construction costs for year -eight projects. RESOLUTION NO. 2307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the sole source purchase and installation of two (2) community warning sirens and associated parts from Federal Signal Corporation. ORDINANCE NO. 12,532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00) TO FEDERAL SIGNAL CORPORATION FOR THE PURCHASE AND INSTALLATION OF TWO (2) COMMUNITY WARNING SIRENS AND ASSOCIATED PARTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding a portion of the economic development grant for the 120,000 square -foot Kroger Marketplace on Garth Road. ORDINANCE NO. 12,533 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 FOR FUNDING A PORTION OF THE ECONOMIC DEVELOPMENT GRANT FOR THE 120,000 SQUARE -FOOT KROGER MARKETPLACE ON GARTH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution adopting the City of Baytown's Water Conservation Plan. RESOLUTION NO. 2308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S WATER CONSERVATION PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 24, 2014 Page 10 of 11 APPOINTMENTS Consider five (5) appointments to the Baytown Municipal Development District. City Manager Leiper presented the agenda item to consider the five (5) appointments of Director Mary Hernandez, At -Large Resident; Director Reggie Brewer, At -Large Resident; Director Terry Sain, District 4 Council Member; Director Robert C. Hoskins, District 5 Council Member; and Director David McCartney, District 6 Council Member to the Baytown Municipal Development District. He stated that the appointments serve a tern from June 01, 2014 to May 31, 2016, and in the case of Council Members, they serve until they cease to hold office as a member of the Baytown City Council. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving the appointments of Mary Hernandez, Reggie Brewer, Terry Sain, Robert C. Hoskins, and David McCartney to the Baytown Municipal Development District. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 8. MANAGER'S REPORT a. Pirates Bay Water Park opens for its fifth season on Saturday, May 3rd. The park will be open weekends in May including Memorial Day. Daily operations begin Saturday, June 7th from 10:00 A.M. to 7:00 P.M. City Manager Leiper stated that Pirates Bay Water Park opens for its fifth season on Saturday, May 3"t, and that the park will be open weekends in May including Memorial Day with the daily operations to begin Saturday, June 7th. He stated that Pirates Bay will be open for school groups for three weeks from May 16th to June 6th and all available dates have already been booked. He further stated that the expansion of Pirates Bay is not expected to be completed by the May 3rd opening and a ribbon cutting ceremony will be announced, probably in early May, when the construction is completed. City Manager Leiper stated that Calypso Cove is planned to open weekends starting Saturday, May 23rd, for Memorial Day weekend and open daily starting June 7th. He stated that Pirates Bay has experienced a big increase in rentals for the 2014 season which surpassed the projected budgeted figures by $22,613, currently bringing in $81,913 thus far this season. He further stated that the water park is already booked every Saturday night from June through Mid- July for City Council Regular Meeting Minutes April 24, 2014 Page 11 of 11 exclusive rentals. Additionally, he stated that Pirates Bay and Calypso Cove entertained over 151,000 visitors last summer. b. The City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 25, 2014, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M. City Manager Leiper stated that the City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 25, 2014, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M. C. The 33rd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 26, 2014, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. City Manager Leiper stated that the 33rd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 26th, at the Goose Creek Memorial Stadium, located at 6001 East Wallisville Road. He stated that Opening Ceremonies will begin at 9:30 A.M. and competition is scheduled to begin at 10:00 A.M. Additionally, he stated that the Mayor will not be at the next meeting, so all council members needed to be present as there are six (6) zoning cases on the agenda which require a vote of six (6) members. 9. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 24, 2014, City Council Regular Meeting at 7:50 P.M.