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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