2014 07 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
July 24, 2014
The City CoLlalcil of the City of Baytown, Texas, met in a Regular Meeting on July 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 Capet1110
Robert Hoskins
David McCartney
Chris Presley
Mercedes Renteria
Terry Sain
Stephen H. DonCarlos
Robert D. Leiper
Ron Bottoms
Ignacio Ramirez
Leticia Brysch
David Alford
Council Member
Council Member
Council Member
Council Mcnlher
CoL1I1611 McIII11e1'
Council Member
Mayor
City Manager
Deputy City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the July 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.. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting; held on .June
26, 2014.
A motion was I11ade by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving the .Tune 26, 2014, City Council Regular Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Me:rcecles Renteria III, Council Member Chris Presley
Nays: None
Other: Council Member Terry Sain (Abstain)
City Council Regular Mceting Minutes
July 24, 2014
Page 2 of 18
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 phis
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:
Elizabeth Lopez - Administration, Grant Coordinator
10 Years:
Juan Keyes - Police, Patrol Officer
h. Present a recognition honoring the Collaborative Cedar Bayou Clean -up Team.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
recognition to Gerald Hays honoring the Collaborative Cedar Bayou Clean -up Team.
C. Receive a report from the Baytown Professional Firefighters Association IAFF
Local 1173 on its 2014 Muscular Dystrophy Association (MDA) Fill- the -Boot Campaign.
Mr. Mark Medrano presented the report from the Baytown Professional Firefighters Association
IAFF Local 1 173 on its 2014 Muscular Dystrophy Association (MDA) Fill- the -Boot Campaign
and stated that the lundraising amount for this year was 541,769.76, which was the 2nd record
breaking year. Additionally, he stated that they were #47 in collections out of all of the locals in
the US.
3, ANNEXATION OF APPRi3.l'INIATELY 81.6 ACRES OF LAND
a. Conduct the first public hearing regarding (lie proposed voluntary annexation of
approximately 131.6 acres of land located approximately 2,600 feet east of North Main
Street on the south side of East Wallisville Road and legally described as Tract 43 out of
the George Ellis Survey, Abstract No. 21, Harris County, Texas.
At 6:39 P.M., ililayor DonCarlos opened and conducted the first public hearing regarding the
proposed voluntary annexation of approximately 81.6 acres of land located approximately 2,600
feet east of North Main Street on the south side. of East Wallisville Road and legally described as
Tract 43 out of the George Ellis Survey, Abstract No. 21, Harris County, Texas.
City Manager Leiper stated that the applicant South Houston Realty Company has indicated the
intended use of the property of approximately 75 acres of residential and 6.5 acres of
commercial. He stated that the commercial area will be generally located on the northwest corner
of the property and the annexation is being requested in order to extend city utilities to the site,
City Council Regular Meeting Minutes
July 24. 2014
Page 3 of 18
He stated that on June 26, 2014, the City Council approved a resolution granting the petition and
directing staff to create a service plan for the proposed area to be annexed.
Larry Murphy, Becky Murphy, and Jeff Strother all registered to speak before at the first public
hearing.
Mr. Larry Murphy inquired if there was going to be a retention pond on the property and if the
City would design better water utilities as development grows in their area instead of tying up
land for detention. City Nlanager Leiper stated that there would be a retention pond on the
,property and that there is a plan in place to identify sub regional detention sites, but most of
those are available for large toaster planned communities. City Manager Leiper stated that the
City is looking at a joint shared detention for the property for the 9 -1 -1 Center. Mr. Murphy
inquired if there was a good solution to water drainage other than retention ponds. City Manager
Leiper stated that there was no better solution. Mayor DonCarlos stated that there was discussion
regarding sub regional detention %vhcre developers would have the ability to pay into a fund and
help with the infrastructure necessary to get the water to the detention area. Additionally, Mayor
DonCarlos stated that finding a suitable location is essential and that the City would have to fund
the detention which is very expensive. City Manager Leiper stated that part of the challenge with
a true regional detention system is that the conveyance has to carry the entire volume and are
massive to get to the detention pond.
COLHIC'il Member Capetillo recommended ]laving the detention pond more aesthetic rather than
sgtuu-c, If the pond is oil the City's property.
Mrs. Becky Murphy inquired of the tinleframe of when the utilities would he installed once the
property is annexed. City Manager Leiper stated that the utilities has to be installed by the
developer. therefore the tinlefranie would be on the developer but stated that it typically takes
from the start of annexation until the time of turning dirt about a year or possibly longer. Mrs.
Murphy inquired as to what type of commercial development would be allowed on the
commercial property on the northwest corner that was mentioned, as it is directly across the
street from her property.
..\1r. Jeff 5trother stated in reference to Mrs. Murphy's question of the type cif commercial being
.111okwed on the northwest corner, that he's not certain as to what type of commercial would be
there, but at this time it is commercial reserved and if the commercial does not do what is
expected, they would probably make it residential. In reference to the detention pond question,
lie stated that the detention is in the middle of the subdivision and is a water feature. fie stated
that the property is being zoned while being annexed, so if everything goes according to plan
they will close around October and start turning dirt around November or December.
Council Member Presley inquired of the cost range of the homes. Mr. Strother stated that the
homes could estimate starting at S 150,000 and up.
Mayor DonCarlos closed the first public hearing at 6:53 P.M.
City Council Regular INieeting Minutes
lulu 24. 2014
Page 4 of 18
b. Conduct the second public hearing regarding the proposed voluntary annexation of
approximately 81.6 acres of land located approximately 2,600 feet east of North Main
Street on the south side of East Wallisville Road and legally described as Tract 43 out of
the George Ellis Survey, Abstract No. 21, Harris County, Texas.
At 6:53 P.M., Mayor DonCarlos opened and conducted the second public hearing regarding the
proposed voluntary annexation of approximately 81.6 acres of land located approximately 2,600
feet east of North Main Street on the south side of East Wallisville Road and legally described as
Tract 43 out of the George Ellis Survey, Abstract No. 21, Harris County, Texas.
With there being no one registered to speak, Mayor DonCarlos closed the second public hearing
at 6:53 P.M.
4. PROPOSED ORDINANCES
a. Consider an ordinance authorizing an Economic Development Agreement under
Chapter 380 of the Texas Local Gov't Code to provide economic incentives for the
development of a hotel with conference facilities project on Garth Road north of 1 -10.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,584 authorizes
an Economic Development Agreement under Chapter 380 of the Texas Local Gov't Code to
provide financial incentives for up to five years for the development and operation a 6x11- service
hotel (Hilton Garden Inn) with at least a 5,000 sq. ft. of meeting space on Garth Road north of l-
10. He stated that the major components of the agreement arc:
1. Buy Baytown Rebate: it rebate of City Sales Tax for the construction materials, furniture,
fixtures, and equipnncrit purchased in Baytown (I% general sales tax only),
2. City Hotel Occupancy Tax (HUT) Rebate: a rebate for a portion of the HOT taxes
collected from the hotel for 5 years and the City will retain the first S100,000 of
collections each year; and
3. Jobs: 50% of the employees must be hired from Baytown or the ETJ
Council Member Sain inquired if the sales tax rebate referred to constriction services. City
Manager Leiper Stated that generally there is no sales tax on labor.
In reference to the HOT rebate, Council Member Presley inquired if any calculations were done
to determine an estimate of' what the maxiinum could be if every room was to capacity. City
Manager Leiper stated that no calculations were done, because the price point of what the hotel
rooms rent for fluctuates. City Manager Leiper further stated that there is no full service hotel in
town, so an adjacent hotel with a higher room rate and high occupancy rate was used to generate
the estimate.
For clarity, City Manager Leiper stated that the rebate was designed as a 50150 split, but was
structured and based on the split that the City would receive the first 5100,000 of collections. He
further stated that the incentive is to get the developer to market their establishment and be
successful.
City Council Regular Meeting Minutes
July 24. 2014
Page S of 18
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,584. The vote was as follows-
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria III, Council Member Terry Sain. Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,584
AN ORDINANCE OF THE CITY" COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERIC TO ATTEST TO A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH 'SELECT
HOSPITALITY, LLC; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN AS AUTHORIZED IN SAID AGREEMENT, MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the Escrow Agreement and the First
Amendment to the Chapter 380 Economic Development Agreement with KSTK Baytown,
LLC, to detail the allowable signs for the development and to provide for the construction
of Santavy Road and related infrastructure improvements.
City Manager Leiper presented the agenda item and stated that there were changes to the original
Chapter 380 agreement for Kroger's. He stated that the amendment approves a sign plan for the
project, which includes the construction and operation of a multi - occupancy sign advertising .
businesses both oil and off -site, but all within the Project site as cictined in the agreement. He
stated that the amendment also requires KSTX Baytown, LLC, to provide for the construction of
Santavy Road and related infrastructure improvements. City Manager Lciper stated that under
state plat requirements the public infrastructure trust be completed before: the final plat can be
issued. He staged that in order to get the purchase closed for Kroger's and clear up some land
issues between Kroger's and Academy. the plat needs to be done quickly. He further stated in
regards to the 380 agreement, that the responsibility of Santavy Road was taken out as Kroger's
responsibility to build and added to the responsibility of the City it) build so that it is no longer
the developer building public infrastructure, although Kroger will Still design and pay for the
road to be done.
During Further discussion, City Manager Leiper stated that there's a small piece of property
between Academy and Kroger's that at the time the Academy site was done that was actually
included in a tract for Academy with a right for Gulf Coast to purchase it back for $I. He stated
that the small piece of property was too small to plat by itself and it didn't meet any requirement
City Council Regular Meeting Minutes
July 24. 2014
Page 6 of 18
as a parcel. He stated that in order to facilitate the transfer of that property without any hitches,
the plat is to be done know to consolidate to the ether property.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tcnl Mercedes
Renteria III approving Ordinance No. 12,585. The vote was as l'shows:
Ayes: Mayer Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tcm Mercedes Renteria 111, Council Member Terry Sain, Council
Menlbcr Chris Presley
Nays: None
Approved
ORDINANCE NO. 12.585
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 ESROW
AGREEMENT AND TIME FIRST AMENDMENT TO THE CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH KSTX BAYTOWN,
LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS
AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
C. Consider an ordinance amending the official zoning niap for approximately 132.5
acres, legally described as Tracts 2G, 3B, and 16F of Abstract 840 11 Whiting, Harris
County, Texas, more commonly known as Goose Creek Country Club, from an Open
Space /Recreation (OR) District to a Mixed Residential at Low to IMedium Densities (SF2)
District..
City Manager Lciper presented the agenda item and stated that the rezoning; is the first part of
development efforts for a proposed single - family subdivision to be built on the property known
as the Goose Creek Country Club. He stated that the proposed development is for an estimated
400+ single- family homes and oil June 17. 2014, the Planning and Zoning. Commission voted to
recommend approval of the proposed zoning amendment front Open Spacc!Recrcation (OR) to a
Mixed Residential at Low to Medium Densities (SF2). He further stated that City Council held a
public hearing regarding this application on July 10, 2014.
Bonnie Kilburn, Janics Kilburn, and Malcolm Johnson all registered to speak regarding agenda
item 4,c.
Mrs. Bonnie Kilburn stated that she request that not rezone the portion ol' bind west of the creek
which according to the developer plans was noted as open space and that the rest of tlic property
City Council Regular Meeting Minutes
July 24. 2014
Page 7 of 18
be zoned SFI which would limit the number of houses by requiring them all to have at least 60
foot road frontage. She rcycIestcci for Council to postpone voting; until any compromised issued
could be discussed.
Mr. James Kilburn stated that his request was for Council to revisit the developers plan request
and see iftheir request could be met instead of rezoning} the entire property to SF2.
Mr. Malcolm Johnson stated that he encourage Council to accept the planning; committee's
recommendation to approve the rezoning of the Country Club area. He further stated that the
Board of Directors of the Country Club has given this serious consideration and had several
ofters in which Mentag;e Homes was the best offer for the City and the country club
development.
Council Member Sain stated that the decision to move forward with another solution for the
Country Club was not clue to poor management. but due to lack of members and shareholders.
He stated that leaving the property open space would invite more criminal elements to the
subdivision and that there is plenty of vegetation towards the west of the property for the wildlife
to relocate and live. Additionally. he stated that he believes that this project will increase the
value of the property.
During further discussion of the open space area in the developer's plans, City Manager Leiper
stated that the reason for the developer wanting to zone the property to SF? was because it
provided them with ilcxihility far development. [Tanning; and Development Director, Tiffany
Foster stated that the do %cloper wanted to leave that flexibility open because they did some
preliminary numbers and know that it's going to be costly for them to cross over Goose Creek.
She stated that the developer is thinking of leaving the area for some type of recreational space,
but they're not sure.
Mayor DonCarlos inquired if the developer would have to start the rezone process from the
beginning if they decided to rezone the open space at a later time. City Manager Leiper stated
that the developer would have to go through the entire rezoning process for that area.
City Manager Leiper asked Mrs. Foster if detention is allowed for open space recreational. Mrs.
Foster stated that the detention is allowed in that use.
Mayor DonCarlos requested that City Manager Leiper speak with Meritage Homes about the
concerns of tile open space are and recommend that it remains as open space.
A motion was made. by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 12,586. By a show of raising their right hands (lie vote was as
fellows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capelillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tcm Mercedes Renteria [11, Council Member Terry vain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,586
City Council Regular Meeting Minutes
July 24, 2014
Page 8 of 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOW'N TO REZONE APPROXIMATELY 132.5 ACRES, LEGALLY
DESCRIBED AS TRACTS 2G, 313, AND 16F OF ABSTRACT 840 H
WHITING, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS
GOOSE CREEK COUNTRY CLUB, FROM AN OPEN SPACE /RECREATION
(OR) DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM
DENSITIES (SF2) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO/100 DOLLARS (S2,000.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
d. Consider an ordinance concerning the granting of a special use permit for a
recreational vehicle park at 6415 Sll 146, legally described as Abstract 2, Tracts 19 -1 & 19-
2, Jacob Armstrong; Survey, Chambers County, Texas, being approximately 26.0 acres of
land located approximately 400 feet south of Staples Drive, west of SI -1 146 and east of
Cedar Bayou.
City Manager Leiper presented the agenda item and stated that the proposed ordinance is for a
special use permit to allow for an RV park of approximately 26.0 acres for 210 RV stands on a
property that is currently zoned General Commercial (GC). He stated that an RV park requires a
special use pennit prior to the issuance of building pen-nits; and the development must be over
five (5) acres in size. He stated that on May 20, 2014, the Planning and Zoning. Commission
voted to recommend approval of the special use pen-nit with the following conditions:
1. Provide a second point of emergency ingress /egress for the RV Resort coming across the
4+ acre residual tract along. SH 146,
2. Provide cross access to the residual tract in conformance with the City's Access
Management parameters as stated in Section 15 -126.
3. Provide a deceleration lane to reduce traffic impacts on State Highway 146 in lieu of
requesting a full Traffic Impact Analysis.
4. Amenities to include: secure access gate; on -site 24 -hour security /management, pool,
clubhouse, and landscaping in excess of the required strectscape and internal landscaping
sections.
City Manager Leiper stated that the applicant has agreed to the list of amenities and design set
forth in the SUP. He stated that the Planning and Zoning; Commission voted to rccommend the
special use pe117lit and that City Council held a public hearing, on this item oil June 12, 2014, and
voted to suspend the consideration until no later than July 3 1, 2014.
City Council Regular Alerting Minutes
July 24, 20 14
Page 9 of 18
Paul Grohnian. Michelle Padgett, Larry Castleberry, Michael Moore, Raymond VanBuskirk, and
Brenda Medina all registered to speak regarding agenda item 4.d.
Mr. Paul Grohnian provided a video presentation oftlicir RV Resorts and stated that they have
seven (7) currently open and two (2) that will be under construction in 30 days. He stated that
this location was chosen because of the employment access and the water fCatUrc ability.
Additionally, he stated that they have likeable relationships with the surrounding neighbors in
areas where their resorts are located.
All registered speakers addressed Council with their concerns regarding the proposed RV Park.
The concerns included traffic congestion and safety on Highway 146, an increase in more RV
Parks on Highway 146, and their property values decreasing. All speakers opposed the approval
ot'granting a special use permit for the park. There was a recommendation Of Putting a public
park in this proposed site location and other recommendations to include grocery stores, single
family homes, and parks in the area.
City Manager Leiper stated that based on the Planning, and Zoning Commission's
recommendation and the fact that the developer has met all technical requirements staff
recornmends, approval of this flell).
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern
Mercedes Renteria Ill approving (lie allowance of a special use permit for the recreational
vehicle park. By a show of raising their right hands the vote was as follows:
Ayes: Council Member David McCartney, Mayor Pro Tern Mercedes Rentcria
111, Council Member Chris Presley
Nays: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council
Member Robert C. Hoskins, Council Member Terry Sain
Rejected
e. Consider an ordinance awarding a construction contract for 2007 Street Bond
Program -Fear 5.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,587 awards a
construction contract for tile 2007 Street Bond Program-Year 5, to Angel Brothers Enterprises.,
Ltd., in an amount not to exceed 53,649.490. He stated that one bid was received and publicly
opened on July 09. 2014. at 2:00 P.M. in the City of Baytown Council Chambers. Ile SIZLted that
the bid received is in line .with the Engineers estimate for the project and therel'ore is
recommended for UWIrd. Additionally, he stated that this. project will be Funded through year five
of the 2007 voter- approved bond program and has a duration Iiii-ic of 365 calendar days.
The Scope includes reconstruction of the following streets:
Street
Holly Drive
Texoma Street
Humble Street
Baylor Street.
N. Jones Street
W. Francis
Chilton Drive
Baylor Street
Chilton Drive
Dwinnel
From
Burnet Drive
Laredo Street
Lanier Drive
Park Street
Park Street
N. Jones Street
Dale Avenue
Gresham Street
Dwinncl
Chilton
City Council Regular Meeting Minutes
Jule 24. 2014
Page 10 418
To
Hackberry Street
Atlantic Street
Laredo Street
Gresham Street
W. Francis Street
Harvard Street
Dwinnel Drive
Schilling
Narcille
Adarns
Council Member Sain inquired as to when there would be a realistic look into another bond issue
to begin looking into streets. City Manager Leiper stated that discussion should take place in
2015 and that the City would be in a position to support a bond sale without raising takes in
2017.
A motion was made by Council Member Brandon Capctillo and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,587. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tent Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,587
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
ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2007 STREET BOND
PROGRAM, YEAR 5 IN AN AMOUNT NOT TO EXCEED THREE MILLION
SIX HUNDRED FORTY -NINE THOUSAND FOUR HUNDRED NINETY
AND NO/100 DOLLARS (S3,649,4 {)0.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. PROPOSED RESOLUTIONS
a. Consider a resolution canceling the regular City Council meeting scheduled for
Thursday, August 14, 2014, and calling for a special City Council meeting, for Tuesday,.
August 12, 2014, at 6:30 P.M.
City Council Regular Meeting Minutes
July 24. 2014
Page i 1 of 18
City Manager Leiper presented the agenda item and stated thal there are more zoning items
scheduled for the August loth meeting. He stated the Mayer will net he able to attend that
rnceting and this rescheduling is proposed to help cnsure we have suffieicnl attendance to
consider the items requiring six affirmative votes. Council Member Renteria stated that lie would
net be present at the August 12, 2014 meeting. All members will be present for the meeting on
August 14, 2014. with (lie exception of Mayor DonCarlos.
City Manager Leiper stated that no action was necessary on this item.
b. MUNICIPAL BUDGET FY 2014.15
a, Receive the City Manager's proposed municipal budget and budget message for
Fiscal Year 2014 -15.
City Manager Leiper presented the agenda item and stated that the City Charter provides in
Article V, Section 41 that "[t]he City Manager, shall submit to the Council a proposed budget
and an explanatory budget at least sixty days pricer to the be�,1inning of each budget year. He
stated that the Council may accept or modify the ,proposed budget prier to adoption and Article
V, Section 46 of the Charter requires the City Council to adapt an annual budget no later than
September 27th of` each year, or the City Manager's proposed, budget shall be adopted as
originally submitted to Council. He stated that the budget priorities were to continue to provide
outstanding customer Service to our citizens, continue to enhance and improve public safety,
continue capital projects and hand programs (this year completes the 2007 bonds); ensure our
infrastructure keeps pace with (]cmands of our growth; attract and retain the higlicst duality
workforce; continue quality of life: and infrastructure maintenance and improvement programs;
continue economic development in all areas of our community; and ensure long terns financial
integrity — matching recurring revenues to recurring expenditures and maintaining adequate
working capital reserves.
City Manager Leiper stated that the budget decreased by 2 %. He stated that in the water and
seWer fund some projects were cash funded to eliminate the issuance of debt and bring down the
fund balance. He stated that the funds were transferred in wastewater to closely monitor the
amount of money put aside for debt. He stated that the general fund was up 5.6 %, the debt
service in tiie general fund was up 13% which represents the sale of the rest of the debt for the
2007 bonds, hotel/motel was up almost 10 %. aquatics with the expansion was tip 25 ",'4, sanitation
was unchanged, storrii water was about the same, and the central sera ices fiend represents the
cost of parts and fuel.
City Manager Leiper state(] in regards to the budget impacts that the general fund provides no
requested tax increase, six new police officers funded thl-MR111 the agreement with the industry,
six new firefighters to provide 24 hour staffing of the 4th ambulance, in average 6% salary
increase for all City employees, in increase of 5.91%i in the water and sewer fund, a past time
personnel to staff at the new Visitor's Center, and no fete increase in the solid waste and storrii
water funds. He stated that the budget has $10.5 million remaining front the 2007 bonds left its
the interest and sinking fund for the 9 -1 -1 Center, the radio system upgrades, and the cost share
for the transportation projects.
City Council Regular Meeting Minutes
July 24, 2014
Page 12 of 18
City Manager Leiper stated that the every council agenda from now until tits budget is adopted
will have an itent for budget discussion. He stated that a public heartng is scheduled for
Thursday, August 21, 2014 at 6:45 P.M., and the budget adoption is scheduled to be considered
at the meeting on September, 04, 2014, at 6:30 F.M.
h. Consider a resolution setting a budget work session to discuss the Fiscal Year 2014-
15 i ,11unicipal budget.
City Mana =. er Leiper stated that the potential dates for the budget work session were August 4th,
Sih, and [qtly, or on August 7th at 6:00 P.M., after the MC7D meeting. It was agreed by all council
members that the special work session be scheduled for Wednesday. August 06, 2014, at +6:00
P.M. Droner at 5:3 {1 F.M.
A motion was made by Council Member Terry Sain and seconded by Council l'viember Brandon
Capetillo approving Resolution No. 2321. The vote was as follows:
Ayes: Mayor Stcphen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Fro Tern Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
RESOLUTION NO. 2321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CALLING SPECIAL COUNCIL WORK SESSION MEETINGS TO
BE HELD ON AUGUST 6. 2014, AT 6:00 F.M. IN THE COUNCIL
CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
7. DISCUSSIONS
a, Receive the 2014-15 Fiscal Year Budget for the Baytown Fire Control, Prevention,
and Emergency \Medical Services District.
City Manager Lciper presented the agenda item to receive the 2014 -15 Fiscal Year Budget for
the Bayto«,st Fire Control, Prevention, and Emergency Medical Services District. He stated that
in accord ince with tile: alternative budget procedures adopted by the FCPEMSD, the Board is
required to Submit the budget to the City Council within 10 days alter the budget is adopted. He
stated that the Board of Directors ( "Board ") of the Baytown Fire Control, Prevention, and
Emergency Medical Services District (FCPEMSD) met on July 15, 2014, . and approved its 2014-
15 Fiscal Year budget. He stated that the public hearing for this budget is scheduled far August
City Council Regular Meeting Minutes
July 24,. 2014
Page 13 of 18
12, 2014, and consideration for the approval of the budget is scheduled for August 28, 2014. He
further stated that no action is necessary on this item, but that City Council receives it.
Mayor DonCarlos stated that the item was received.
8. REPORTS
a. Receive the Cite of Baytown's Quarterly Financial and Investment Reports for the
Quarter ending ,tune 30, 2014.
Finance Director, Louise Richman presented the City of Baytown's Quarterly Financial and
Investment Reports for the Quarter ending June 30, 2014, and stated that the reventtcs were up
and the expenditures were down. She stated in regards to the revenues that the general fund was
at 94%, aquatics was at 61 %u, hotel /motel was at 95 %, water and sewer was at 73`i'o, and solid
waste was at 75 %. In regards to expenditures, she stated that the general fund was at 68 %v,
aquatics was at 51 %, hotel /motel was at 40 %, water and sewer was at 72 %, and solid waste was
at 87 %. She stated that the expenditures for the July 4th celebration would be on the next report.
Mr. Richman stated in rc` -,ards to the development growth in Baytown that the general fund
revenues consisting of building, plumbing, and electrical permits were over the budgeted
revenue. She stated that the turn on and water and sewer tap fees were 116% of budget, and
warehouse water meter sales were 262% of budget.
Ms. Richman stated that the investment yield was .1602% on approximately $136 million
dollars.
Council Member Hoskins inquired as to why the aquatics expenditures were down. Ms. Richman
stated that personnel were budgeted better and expenses were lower. City Manager Leiper stated
that another factor as to why the expenditures were down was because when the expansion was
added, plenty of money was estintated for personnel and that it's not taking as many staff to
maintain it being that it's the first year of the expansion.
9. CONSENT
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving consent agenda items 9.a. through 9.e. The vote was as follows.:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tern Mercedes Rentcria III, Council Member Terry Sam, Council
Member Chris Presley
Nays: None
Approved
City Cnuttcil Regular Meeting; Minutes
July 2., 2014
Page 14 of 18
a. Consider an ordinance authorizing the closeout and acceptance of the Ferry (toad
Sanitary Sewer Project.
ORDINANCE NO. 12,588
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE FERRY ROAD SANITARY SEWER PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -SIX
THOUSAND SIX HUNDRED NINETEEN AND 351100 DOLLARS
($26,619.35) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance granting a Pipeline Permit to NuStar Logistics, L.P. to install
one new 12 -inch pipeline.
ORDINANCE NO. 17.559
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO NUSTAR LOGISTICS, L.P.,
TO INSTALL ONE NEW TWELVE -INCH PIPELINE; ESTABLISHING THE
AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE
DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the renewal of the Annual Concrete Work
Contract to Teamwork Construction Services, Inc.
ORDINANCE tip). 12.590
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT
WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING
PAYMENT OF A SUM NOT TO EXCEED ONE MILLION TWO HUNDRED
FIFTY THOUSAND AND NO/100 DOLLARS (SI.250,000.00); MAKING
OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing an Agreement with Goose Creek Consolidated
I ndependent School District for a truancy officer.
ORDINANCE NO. 12,591
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT
SERVICESWITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT
City Council Regular Meeting Minutes
Jule '4. 2014
Page 15 of 18
SCHOOL DISTRICT FOR THE TRUANCY PROGRAM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance an agreement with Goose Creek Consolidated Independent
Schaal District for the transfer of Bits No. 135 to the City of Baytown for the Fire 'training
Facility.
OORDINANCE NO. 12,592
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW N.
TEXAS, AUTHORIZING AN AGREEMENT WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE
TRANSFER OF BUS NO. 135 FOR THE BAYTOWN FIRE TRAINING
FACILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
10. APPOINTMENTS
a. Consider two (2) appointments to the Baytowvn Area Water Authori",.
City Manager Leiper presented the agenda item to consider the two (2) reappointments of
Brandon Benoit and Brenda Bradley Smith to the Baytown Area Water Authority (BAWA). He
stated that their reappointment is for another two year term beginning on September 01, 2014,
and ending on August 31, 2016.
A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member
Robert C. Hoskins approving the reappointments of Brandon Benoit and Brenda Bradley Smith
to Baytown Area Water Authority. "file vote was as follows:
Ayes: klayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tent Mercedes Renteria 111, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
b. Consider four (4) appointments to the Baytown Crime Control and Prevention
District.
City Manager Leiper presented the agenda item to consider the lour (4) reappointments of
Samuel Barker, Dr. Chris Warford, Porter Flewellen, and Rikki Wheeler to the Baytown Crime
Control and Prevention District (CCPD). He stated that the members' terms will expire on
August 31, 2014.
City Council ReguLir Meeting Minutes
July 24, 2014
Page 16 of 18
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving the reappointments of Samuel Barker, Dr. Chris Warford, Porter
Flewellen, and Rikki Wheeler to the Baytown Crime Control and Prevention District. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria 1I1, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
C. Consider four (4) appointments to the Ba-*°to►►•n Fire Control, Prevention, and
Emergency Medical Services District.
City Manager Leiper presented the agenda item to consider the three (3) reappointments of
Brenda Bradley Smith, John Adkins, and Kimberlee Whittington and the appointment of James
(Richard) Carr to the Baytown Fire Control, Prevention, and Emergency Medical Services
District (FCPEMSD). He stated that terms would begin on September 01, 2014 and end on
August 31, 2016.
A motion was made by Council Mcinber Chris Presley and seconded by Council Member Robert
C. Hoskins approving the reappointments of Brenda Bradley Smith, John Adkins. and Kimberlee
Whittington and the appointment of James (Richard) Carr to the Fire Control, Prevention, and
Emergency Medical Services District, The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria 111, Council Member Terry Sara, Council
Member Chris Presley
Nays: None
Approved
d. Consider tivo (2) ;appointments to the Parks and Recreation Board.
City Manager Leiper presented the agenda item to consider the reappointments of Mr. Wayne
Gray and Mr. Augustin Lorcdo III to the Parks and Recreation Board.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving the reappointments of Mr. Wayne Gray and Mr. Augustin Loredo
III to the Parks and Recreation Board. The vote was as follows:
City Council Regular Meeting Minutes
July 24, 2014
Page 17 of 18
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetilla, Council
Member Robert C. Haskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria 111, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
C. Consider three (3) appointments to Baytown Tax Increment Reinvestment Zone No.
One and the Baytown Redevelopment Authority.
City Manager Lciper presented the agenda itcnl to consider the reappointments of Mr. Gilbert
Santana, and Mr. Jahn Strausser and the new appointment of Mr. David Carr to the Baytown Tax
Increment Reinvestment Zone No. One and Baytown Redevelopment Authority.
A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Teill
Mercedes Renteria III approving the reappointments of Mr. Gilbert Santana, and Mr. John
Strausser and the new appointment of Mr. David Carr to the Baytown Tax Increment
Reinvestment Zone No. One and Baytown Redevelopment Authority. Tile vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetilla, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
11. MANAGER'S REPORT
a. Reminder that Mayor DonCarlos will not be in attendance at the next City Council
meeting, Thursday, August 14, 2014, at 6:30 P.N1.
City Manager Lciper presented the agenda item and stated that Mayor DonCarlos would not be
in attendance at the next City Council meeting, Thursday, August 14, 2414, therefore Mayor Pro
Tern Renteria will preside over that meeting. He stated that the agenda for that meeting will have
a number of -zoning- related items that have text changes which will need a six - member vote for
approval, so the attendance of the remaining members is very 'important.
b. The City Council is invited to participate in the Baytown Police Department's 2014
Firearms Training Simulator Event (FATS).
City Council Regular Meeting Minutes
July 24, 2014
Page 18 of IS
City Manager Leiper stated that the City Council was invited to participate in the Baytown
Police Department's 2014 I=irearinns Training Simulator Event (FATS). He stated that the
remaining training dates available for Council participation are from July 26, 2014 through
August 04, 2014.
C. The City of Baytown will hold its second annual Baytown Better Homes Expo on
July 26, 2014, from 10:00 A.M. to 2:01) P.M. at the Baytown Community Center, 2407
Market Street, Baytown, Texas 77520.
City Manager Leiper stated that on July 26th, the Community Development Division will be
hosting the second annual Baytown Better Homes Expo from 10:00 A.M. to 2:00 P.M., at tine
Baytown Community Center, 2407 Market Street in Baytown.
Additionally, he stated that the City auction opened yesterday and goes through August 6th at
reneabates.com.
12. ADJOURN
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem
Mercedes Renteria III adjourning. the July 24, 2014, City Council Rcgular Meeting. Tine vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria III, Council ivlember Terry Sam, Council
Member Chris Presley
Nays: None
Approved
With there being no further lousiness to discuss, Mayor DonCarlos adjourned the July 24,
2014, City Council Regular Meeting at 8 :48 P.M.
City of Baytown