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2014 09 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 25, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting oil Thursday, September 25, 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: Brannon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kcv1n Troller Ignacio Ramirez. Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the September 25, 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 Hoskins. 1. MINUTES a. Consider approving the minutes of the Ciq, Council Regular Meeting held on August 14, 2014. A motion was made by Council Member Terry Sain and seconded by COMM I Member Robert C. Hoskins approving the August 14, 2014, City Council Regular Meeting minutes. The: vote was as follows: Ayes: Mayor Stephen DonCarlos, COLHIC11 Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meting Minutes September 25, 2014 Page 2 of 28 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Joseph Sehnettler has requested to address (lie Mayor and Council to speak ill regards to making the City of Baytown a Purple Heart City. Mr. Schnettler was not present. h. The 9th Annual Grito Pest is scheduled for Saturday, October 4, 2014, at Bicentennial Park and will feature this year's headliner La Sonora Dinamita. Parks and Recreation Director, Scott Johnsen presented the agenda ttctll and stated that the 9th Annual Grito post is scheduled for Saturday, October 04, 2014. at Bicentennial Park starting at 4:30 P.M. Mr. Jacob Schaffa presented this year's lineup as follows: 4:30 5:30 P.M. MARIACHIS LOS GALLITOS 5 :30 - 6:00 P.M. Accordion Competition/Grito Preliminaries 6 :00 - 7:30 P.M. RUBEN RAMOS 7:30 - 8:00 P.M. Jalapefio, Salsa and Grito Championships 8:00 - 9:30 P.M. LA SONORA DINAMITA C. Present the Years of Service Awards. City Manager Lciper presented the years of service awards. He stated that the 25 year award will be presented at the next meeting,. 5 Years: Jeffrey Bean - Fire Paramedic 15 Years: Jeffery Kelly - Fire, Battalion Chief 3. REZONING OF 5823 NORTH SH 146 FROM URBAN NEIGHBORHOOD DISTRICT (UN) TO GENERAL COMMERCIAL GC DISTRICT a. Conduct a public hearing concerning a proposed amendment to the official zoning map for the properties located at 5823 North Highway 146 and legally described as Tracts 6-2 and 6-2 -2 out of (lie Christian Smith Survey, Abstract 22, Reserve B, Chambers Counh,, Texas, located can the northwest corner of North highway 146 and Twisted Oak Drive from an Urban Neighborhood (UN) District to a General Commercial (GC) District. City Council Regular Meeting Minutes Seplember 25, 2014 Page 3 of'28 At 6 :39 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning neap for the properties located at 5823 North I Iighway 146 and legally described as Tracts 6 -2 and 6 -2 -2 out of the Christian Smith Survey, Abstract 22, Reserve B, Chambers County, Texas, located on the northwest corner of North Highway 146 and Twisted Oak Drive from an Urban Neighborhood (UN) District to a General Commercial (GC) District. City Manager I-ciper stated that the applicant has used these two parcels together as a dirt yard, landscaping, and trucking business for 28 years and would like to sell it. Fie stated that this zoning amendment would re- establish a commercial use designation ro r these parcels of approximately 1.27 acres. He stated that previously, these parcels were zoned Urban Neighborhood and Mixed Use according to the old zoning map, but with the adoption of` the ULDC, both parcels ►were then categorized as Urban Neighborhood. City Manager Leiper stated that the business is oriented to face State Highway 146, which lends itself to a commercial use, rather than the Urban Neighborhood designation. He stated that the Planning and Zoning Commission held public hearings on July 15, 2014, and August 19, 2014, and recommend approval of the amendment. L.J. Guillory, owner of the property located at 5823 North Highway 146, registered to speak before the public hearing regarding agenda item 3.a. to answer any questions.. At 6 :42 P.M., Mayor DonCarlos closed the public hearing. b. Consider an ordinance amending the official zoning map for the properties located at 5823 North Highway 146 and legally described as Tracts 6 -2 and 6 -2 -2 out of the Christian Smith Survey, Abstract 22, Reserve B, Chambers Count•, Texas, located on the northwest corner of North Highway 146 and Twisted Oak Drive from an Urban Neighborhood (UN) District to a General Commercial (GC) District. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 12,641. The vote was made by a show of raising their right hands 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. 12,641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE +OFFICIAL ZONING MAP OF THE CITY OF City Council Regular Meeting Minutes September 25, 2014 Page 4 of 28 BAYTOWN TO REZONE THE PROPERTIES LOCATED AT 5823 NORTH HIGHWAY 146 AND .LEGALLY DESCRIBED AS TRACTS 6 -2 AND 6 -2 -2 OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, RESERVE B, CHAMBERS COUNTY, TEXAS, LOCATED ON THE NORTHWEST CORNER OF NORTH HIGHWAY 146 AND TWISTED OAK DRIVE FROM AN URBAN NEIGHBORHOOD (UN) DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 4. REZONING OF 6931 DECKER DRIVE FROM LOW DENSITY SINGLE - FAMILY RESIDENTIAL (SF1) TO GENERAL COMMERCIAL (GC) DISTRICT a. Conduct a public hearing concerning; a proposed amendment to the official zoning neap for the property located at 6931 Decker Drive and legally= described as Tract 9L out of the N. Lynch Survey, Abstract 44, Harris County, Tetras, generally located east of Rolling-w -ood Drive, approximately 150 feet south of the intersection of Rollingwood and Decker Drive, from Low Density Single - Family Residential Dwellings (SF1) District to General Commercial (GC) District.. At 6.44 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map for the property located at 6931 Decker Drive and legally described as Tract 9L out of the N. Lynch Survey, Abstract 44, Harris County, Texas, generally located east of Rollingwood Drive, approximately 150 feet south of the intersection of Rollingwood and Decker Drive, from Low Density Single- Family Residential Dwellings (SFI) District to General Commercial (GC) District. City Manager Leiper stated that the subject lot is approximately 7,000 square feet in area. He stated that the minimum size of a lot allowed in a GC district is 10,000 square feet, but this lot has been r- platted to consolidate it with other tracts currently zoned GC so that the combined tract exceeds 10,000 square feet. He stated that the Planning and Zoning Commission held the public hearings on May 20, 2014 and June 17, 2014, and voted to recommend approval of the zoning amendment subject to the re- platting. Dennis Albright, a representative for the property owner, registered to speak before the public: hearing regarding agenda item 4.a. to answer any questions. In reference to an inquiry of what type of business would be proposed, Mr. Albright stated that the owner has yet to market the property for any specific type of business, but it has the dimensions of Valera station. Mayor DonCarlos inquired if there was a pipeline easement behind the property and if there was some type of screening between the home that's facing Rollingwood which is right next to the property. Council Member Capetillo stated that there was a pipeline easement behind the property and in reference to the screening inquiry; City Manager Leiper stated that there is a 20 foot buffer requirement that must be rnet for redevelopment of that property. City Council Regular Meeting Minutes September 25, 2014 Page 5 of 28 At 6:51 P.M., Mayor DonCarlos closed the public hearing. b. Consider an ordinance amending the official zoning map for the property located at 6931 Decker Drive and legally described as Tract 9L out ol" the N. Lynch Survey, Abstract 44, Harris County, Texas, generally located east of Rollingwood Drive, approximately 150 feet south of the intersection of Rolling}vood and Decker Drive, from Low Density Single - Family Residential Dwellings (SF1) District to General Commercial (GC) District. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,642. The vote was made by a show of raising their right hands as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern. Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE THE PROPERTY LOCATED AT 6931 DECKER DRIVE GENERALLY LOCATED EAST OF ROLLINGWOOD DRIVE, APPROXIMATELY 150 FEET SOUTH OF THE INTERSECTION OF ROLLINGWOOD AND DECKER DRIVE, FROM LOW DENSITY SINGLE- FAMILY RESIDENTIAL DWELLINGS (SF1) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND N01100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.. 5. PROPOSED ANNEXATION OF APPROXINIATELY 0.178 ACRES OF LAND a. Conduct the first public hearing regarding the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. At 6:54 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. City Council Regular Meeting Minute; September 25. 2014 Page 6 of 28 City Manager Leiper stated that the applicant is proposing to build a bread distribution center on property where a portion of that property is outside of the city lit-nits and is also going through the zoning map amendment and platting process in accordance with all city requirements. He stated that on July 10, 2014, the City Council approved a resolution granting the petition and directing staff to create a service plan. With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at 6:54 P.M. b. Conduct the second public hearing regarding the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. At 6 :55 P.M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell. Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 6:56 P.M. 6. PROPOSED ANNEXATION OF APPROXIMATELY 81.6 ACRES OF LAND a. Consider an ordinance for the second and final reading of a voluntary annexation of approximately 81.6 acres of land situated in the George Ellis Survey, legally described as Tract 43, Abstract 21, Harris County, east of the intersection of N. Main and Wallisville Roads. City Manager Lciper presented the agenda item and stated that the applicant, Nasir Panjwani, has indicated the intended use of the property as a single - family residential development of approximately 300 homes, as well as light commercial along the frontage of Wallisville. He stated that the annexation is being requested in order to extend city utilities to the site and on June 26, 2014, the City Council approved a resolution granting; the annexation petition. He stated that the first and second public hearings were held by City Council on July 24, 2014, and that this item was posted at City Hall's posting board and website on July 10, 2014. Additionally, City Manager Lciper stated that the first reading of the ordinance and initial completion of annexation proceedings occurred .August 28, 2014. A motion was made by Council. Member Terry Sain and seconded by Council. Member David McCartney approved Ordinance No. 12,628. 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 III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,625 City Council Regular Meeting Minutes September 25, 2014 Page 7 of 28 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 81.6 ACRES OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, LEGALLY DESCRIBED AS TRACT 43, ABSTRACT 21, HARRIS COUNTY, EAST OF THE INTERSECTION OF N. MAIN STREET AND WALLISVILLE ROAD, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the property annexed into the City of Baytown in the previous agenda item and being described as approximately 81.6 acres of land situated in the George Ellis Survey, legally described as Tract 43, Abstract 21, Harris County, east of the intersection of N. Main and Wallisville Roads into Council District No. 4. A motion was made by Council Member Terry Sam and seconded by Council Member Brandon Capetillo approving. Ordinance No. 12,643. Tile vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mcrcedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. ADDING APPROXIMATELY 81.6 ACRES OF LAND ANNEXED INTO THE CITY OF BAYTOWN IN THE PREVIOUS AGENDA ITEM AND BEING GENERALLY LOCATED EAST OF THE INTERSECTION OF N. MAIN AND WALLISVILLE ROADS TO COUNCIL DISTRICT NO. 4;. REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 25, 2014 Page 8 of 28 7. KEEP BAYTOWN BEAUTIFUL (KBB) City Manager Leiper requested that agenda items 7.a.. through 7.d. be considered together. a. Consider a resolution approving the amended Bylaws of Keep Baytown Beautiful, Inc., to remove the oversight by the City of Baytown. b. Consider an ordinance repealing Chapter 2 "Administration," Article IN' "Boards and Commissions," Division 11 "Beautification Advisory Commission" of the Code of Ordinances, Baytown, Texas. C. Consider a resolution assigning the Keep Texas Beautiful affiliation to Keep Baytown Beautiful, Inc. d. Consider an ordinance authorizing a Litter Abatement Grant Agreement with Keep Baytown Beautiful, Inc. City Manager Leiper presented the agenda items and stated that the following changes allows Keep Baytown Beautiful, Inc. ("KBB") to operate independently as a 501(c)3 and to apply for and acquire grants consistent with its purposes. He stated that Resolution No. 2324 approves the amended Bylaws of ("KBB "), to remove the oversight by the City of Baytown as the current KBB Bylaws require that the City approve amendments in order for them to be effective and amends the changes in t1 }e appointment of the Directors. He stated that Ordinance No. 12,644 abolishes the Baytown Beautification Advisory Commission ( "BBAAC") to the newly formed non - profit corporation -- Keep Baytown. Beautiful, Inc. ( "KBB") and that Resolution No. 2325 assigns the current Keep Texas Beautiful affiliation of the City of Baytown Health Department to Keep Baytown Beautiful, Inc. City Manager Lciper stated that Ordinance No. 12,645 changes the City's funding for the BBAC into a grant in an amount of 15,000 to KBB. He stated that it is a multi -year agreement, but subject to renewal or termination each year by either party or if funds are not appropriated for the grant by the City Council, City Manager Leiper further stated that the 515,000 would come from the general funds. Mayor DonCarlos stated that he would prefer to add the language that an annual report be submitted. A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Resolution No. 2324, Ordinance No. 12,644, Resolution No. 2325, and Ordinance No. 12,645. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tenn Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 25, 2014 Page 9 of 28 A motion was made by Mayor Pro Tern Mercedes Renteria I II and seconded by Council Member David McCartney approving Resolution No. 2324 with the amendment to add an annual report to be submitted Council. The vote was as Mallows: Ayes: Mayor Stephen ❑onCarlos, Council Member Brandon Capetillo, Council .M nlber Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDED BYLAWS OF KEEP BAYTOWN BEAUTIFUL, INC., TO REMOVE THE OVERSIGHT BY THE CITY OF BAYTOWN; AND PROVIDING FOR "THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION I "BEAUTIFICATION ADVISORY COMMISSION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF, lid CI•Y01 tell I [•pi►C!MiM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ASSIGNING THE KEEP TEXAS BEAUTIFUL AFFILIATION TO KEEP BAYTOWN BEAUTIFUL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,045 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 A LITTER ABATEMENT GRANT AGREEMENT WITH KEEP BAYTOWN BEAUTIFUL, INC; MAKING OTHER PROVISIONS RELATED THERETO; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,060.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ci(y Council Regular Meeting Minutcs September 25, 2014 Page 10 of 28 8. CITY TAX ROLLS AND RATE a, Receive the 2014 Appraisal IZn11s certified by the Barris County Appraisal District and the Chambers County Appraisal District. City Manager Leiper presented the agenda item for Council to receive the 2014 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. He stated that no action was necessary on this item and that the 2014 Harris County Appraisal Roll was certified on August 29, 2014, and in accordance with Section 26.04(b) of the Texas Property Tax Code, the following values were submitted: total appraised value of 53,109,261,075, total taxable value of $2,335,894,097, and the total uncertified but taxable value of S276,933,078. Additionally, he stated that the 2013 Chambers County Appraisal Roll was certified on July 16, 2014, and in accordance with Section 26.04(b) of the Texas Property Tax Code, the total certified taxable value submitted was S 157,1'92.161. b. Receive the effective and rollback tax rate calculation for the 2014 tax year (Fiscal Year 2015). City Manager Leiper presented the agenda item and stated that in accordance with Section 26.04 of the Texas Property fax Code, the governing body must receive the effective tax rate of '50.80186 and the rollback rate of 50.83703. He stated that these rates and the method of calculation shall be published in accordance with section 26.004 of the Texas Property Tax Code. Additionally, he stated that no action was required oil this item. C. Consider a proposal to consider a tax increase. City Manager Leiper presented the agenda item and stated that this item allows the City Council to consider a proposal to consider a tax increase which is stipulated by state law. He stated that the tax rate of 50.82203 per $100 of taxable value will remain the same; however, because the tax rate exceeds the effective tax rats, certain notices and hearings are required prior to (lie adoption of this rate. He stated that ultimately the total tax revenue from properties on the tax roll is expected to increase from. the preceding year by 2.52 percent and that an individual's taxes may increase at a greater or lesser rate, or even decrease, depending oil the value of their property. He stated that the City Council will need to vote on this proposal and the results of this record vote shall be published in the notice of the corresponding public hearings. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the motion stating that the City Council consider a tax increase, in which the tax rate of 50.82203 per S 100 of taxable value will remain the same but in which the total tax revenues from properties on the tax roll is expected to increase from the current year 2.521io. The vote was made by a show of raising their right hands as follows: Ayes: Mayor Stephen DonCarlos, Council Mcmher Brandon Capetillo, Council Member Robert C. Hoskins„ Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 11I, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes September 25, 2014 Page: I t of 28 Nays: None Approved d. Consider an ordinance setting the time, date, and place of two public hearings on the proposed tar increase and setting the time, date, and place at which the City Council will vote on the proposed tax rate. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,646 sets the time, date, and place of two public hearings on the proposed tax increase as required by Section 26.05 of the Texas Tax Code. He stated that the first public hearing; may not be held before the 7th day after the date the notice of public hearing is given and the second public hearing may not be held earlier than the third day after the date of' the first hearing. He stated that at the public hearings the public will be given an opportunity to present its views on the tax revenue increase. He stated that the notice of the public hearing will include how each member voted on the proposal to consider the tax increase. He further stated that Ordinance No. 12,646 sets the first public hearing for a special Council meeting on October 06, 2014, at 5:00 P.M. in the Council Chamber and the second public hearing will be in conjunction with the regular Council meeting on October 09, 2014, at 6:40 P.M. Additionally, he stated that Ordinance No. 12,646 also sets a special Council meeting at 5:00 P.M. on October 16, 2014, in the Council Chamber at which the City Council will vote on the proposed tax rate. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,646. 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 ORDINANCE NO. 12,646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROPOSING TO INCREASE TOTAL TAX REVENUES FROM PROPERTY ON THE TAX ROLL IN THE PRECEDING TAX YEAR BY 2.52 PERCENT; SETTING DATES, TIMES AND PLACES FOR TWO PUBLIC HEARINGS ON THE PROPOSED TAX INCREASE; SETTING THE MEETING AT WHICH THE CITE'' COUNCIL WILL VOTE ON THE PROPOSED TAX RATE, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 25, 2014 Page 12 of 28 9. PUBLIC HEARINGS a. Conduct a public hearing; concerning a proposed ordinance amending Chapter 126 "Subdivisions," Article II "Administration, " Division 4 "Review Procedure," Subdivision IV "Final Approval," Section 126 -189 "Contents of final plat; construction approval" of the Code of Ordinances, to allow certain developments to file a final plat prior to the completion of required infrastructure. At 7:07 F.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed ordinance amending Chapter 126 "Subdivisions," Article 11 "Administration," Division 4 "Review Procedure," Subdivision IV "Final Approval," Section 126 -189 "Contents of final plat; construction approval" of the Cade of Ordinances, to allow certain developments to file a final plat prior to the completion of required infrastructure. City Manager Leiper stated that currently, sub - dividers of property regardless of use within the city limits and/or in the ETJ must (1) complete all water lines, sanitary sewer limes, and storm water systems along with at least 50 percent of other required improvements, including streets and lift station and (ii) obtain the Director of Engineering's approval of the constructed infrastructure prior to the approval of the final plat. He stated that this model is not always reasonable in larger commercial developments, therefor, if the sub - divider has entered into a cost -share agreement with the city regarding the construction of all or a portion of the required improvements; the sub- divider has rendered its share of the cost of the required improvements to the city in accordance with the cost -share agreement; the cost -share agreement provides for the dedication of any easements or rights-of-way not shown on the final plat; and either the development is comprised of only commercial uses, one of which has a building footprint in excess of 100,000 square feet or the development is comprised of only commercial uses consisting of at least thirty (30) acres, a final plat may be requested to subdivide property and continue with the development. During further discussion, City Manager Leiper stated that this does not change the residential platting requirement, but is only for large scaled property. In reference to an inquiry regarding how the number of acres was detennined, City Manager Leiper stated that the figure was determined by the average size of the previous developments. Council Member Presley inquired if staff would consider accommodating small or medium scaled development, 1 f they experience such issues with a business that's desired in the city limits. City Manager Leifer- stated that if it is something that requires that work to be feasible to be done, it will be brought before Council. With there being; no one registered to speak, Mayor DonCarlos closed the public hearing at 7:15 P.M. 10. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 126 "Subdivisions," Article 11 "Administration," 'Division 4 "Review Procedure," Subdivision IV "Final Approval, " Section 126 -189 "Contents of final plat; construction approval" of the Code of Ordinances, to allow certain developments to file a final plat prior to the completion of required infrastructure. City Council Regular Meeting Minutes September 25, 2014 Page 13 of 28 A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Mercedes Renteria III approving Ordinance No. 1 2,647. 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 Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,647 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE H "ADMINISTRATION," DIVISION 4 "REVIEW PROCEDURES," SUBDIVISION IV "FINAL APPROVAL," SECTION 126 -189 "CONTENTS OF FINAL PLAT; CONSTRUCTION APPROVAL," SUBSECTION (C) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW A FINAL PLAT TO BE FILED UNDER CERTAIN CONDITIONS IF REQUIRED IMPROVEMENTS ARE NOT COMPLETE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Third Amendment to the Chapter 380 Agreement with Goose Creek 1H 1, LLC, concerning 700 W. Texas Ave. City Manager Leiper presented the agenda item and stated that Goose Creek IH 1, LLC ( "GCIH 1") has requested that the City remove a 0.138 acre tract from the existing; Chapter 380 Agreement and convey the same to GCIH 1 in order for GCIH 1 to obtain financing for its future development. He stated that as such, the result of this Third Amendment will be to place the property back on the tax rolls and to encourage and promote the future development of the property. He stated that this wouldn't impact payment obligations on the remainder of the tract. During further discussion, City Manager Leiper stated that additional apartments units are being built in the existing building under the existing agreement, but he's not sure what's being developed on the requested tract. Council Member Presley filed a conflict of interest in regards to this item and was not present for the discussion or vote. He left the dais at 7:16 P.M. and returned at 7:19 P.M. City Council Regular Meeting Minutes September 25. 2014 Page 14 of 28 A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Mercedes Renteria III Council approving Ordinance No. 12,648. Tile 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 Renteria 111, Council Member Terry Sain, Nays: None Other: Council Member Chris Presley (Abstain) Approved ORDINANCE NO. 12,048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND LEASE WITH GOOSE CREEK 1H 1, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance establishing; the City of Baytown "s 2014 -15 'T'ourism Partnership Grant Program Allocations and approving; the standard form of agreements. City Manager Leiper presented the agenda item and stated that in the City's FY 2014 -15 Hotel /Motel Fund budget, $125,000 is allocated for the Tourism Partnership Grant Program. He stated that staff recommends to Council on which organizations should be funded and what levels they should be funded. He stated that the Bayou Bowl is not listed because it is in transition but the recommendations are as follows: the Art League of Baytown for Christmas on Texas Avenue at $3,000; the Baytown Historical Preservation Association for the Historical Preservation Project at $21,000; the Baytown Little Theater for the Summer Musical Series at $16,000; the Performing Arts Center for the Annual Perforniance Series (9 Performances) at $22,000; the Project Blue for the Jail Break Run at $12,000; and the Running Alliance Sport for the Bud Heat Wave at $5,000 with a total recommended grant allocation of $79,000. City Manager Leiper stated that the standard agreement for events requires the grant recipient to submit a post -event report which includes information such as event attendance, hotel room nights, a budget breakdown and where advertising dollars were spent. He stated that the standard form of agreement for restoration projects requires the grant recipient to submit a post- project report which includes information such as a budget breakdown and the completion date of the project. Additionally, lie stated that if an organization does not turn in a post-event/post-project report, it will not be eligible for ftinding in next year's grant process. Trevia Wooster Beverly, Kathryn Saeiiger, Robby Sabban, and Jim Zaruba all registered to speak before council regarding agenda item 10.a. Each speaker expressed appreciation for the funds allocated to their entities. City Council Regular Meeting Minutes September 25, 2014 Page 15 of 28 A motion was made by Mayor Pro Tcm Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,649. 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 Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO, 12,649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN 2014 -15 TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF SEVENTY -NINE THOUSAND AND N01100 DOLLARS (579,000.00} SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; APPROVING A STANDARD FORM HOTEL OCCUPANCY TAX GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an agreement with Clear Channel Outdoor, Inc., to allow digital billboards upon certain terns and conditions. City Manager Leiper stated that no Action was necessary on this item as It was not ready. 11. PROPOSED RESOLUTIONS a. Consider a resolution requesting the members of the 84th Legislative Session of the State of Texas support increased funding for the Texas Recreation & Parks Account Local Park Grant Program and the Texas State Park System. City Manager Leiper presented the agenda item and stated that Resolution No. 2320 requests that members of the 84th Legislature support increased funding for the TRPA and for the Texas State Park System. The resolution also requests support to insure that all grants funded through the TRPA be subject to the competitive scoring system managed by the Texas Parks and Wildlife Department. He stated that since 1971, the City of Baytown has received over $3 million in parks grants including development and acquisition of Goose Creek Park, W.C. Britton Park, Unidad Park, Allenbrook Park, the Baytown Nature Center and the Eddie V. Gray Wetlands Education and Recreation Center. He further stated that past reduction in funding affected the City of Baytown as staff tried unsuccessfully to obtain a $500,000.00 grant that would have provided partial funding for the Wayne Gray Sports Complex and although the grant application scored City Council Regular Meeting Minutes September 25, 2014 Page 16 of 28 fifteen points better than any previous city grant application, the project was not funded because the state's TRPA funding levels had been reduced. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Haskins approving Resolution No. 2326. 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 Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2326 A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE MEMBERS OF THE 84TH LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR T14E TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. DISCUSSIONS a. Receive update and discuss the use of hods- ntounted video cameras for police officers. Chief Dougherty presented the update to discuss the use of body - mounted video cameras for police officers. He stated that research was started on this project about two years ago and over the years technology has changed. He stated that they are testing; various brands of the cameras and the one most widely used in law enforcement by over 3,000 agencies was Vievu. He stated that this product was just a camera which interfaces with the City of Baytown's current camera system but didn't have other features that they were looking; for. Chief Dougherty stated that they are testing two more brands: VidMic and WolfCom in which is more than a camera and they both have features such as a microphone, LCD screen, and can take photos. He stated the WolfCom has a GPS tracking device. He stated he budgeted and planned far patrol cameras to process scenes, but because the VidMic and WolfCom products have cameras in theirs with good quality, they can be used at the crime scenes instead. Chief Dougherty stated that the costs for the cameras varied with an estimated cost around $900. During further discussion, City Manager Leiper stated that the plan is to decide which camera City Council Regular Meeting Minutes September 25, 2014 Page 17 of 28 works and by the end of the calendar year have some cameras active. He stated that the purchasing of the cameras will be phased in each year until each patrol officers that needs one has one, b. Discuss the proposed Army Corps of Engineers dredge spoil placement site in Baytown. Mayor DonCarlos expressed his disapproval of the work that the U. S. Army Corps of Engineers (USACE) has done within the city limits without notifying; the officials of the City of Baytown and stated that he's prepared to fight against their plan to utilize the 110 acre tract of the Bay Oaks Harbor Section 2 subdivision as a dredge spoil site. He stated that the dredging project itself is routine maintenance dredging of the portion of Cedar 'Bayou managed by the Chambers Liberty County Navigation District. He further stated that a public hearing has been requested and that he will be contacting state and federal representatives to secure opposition to this project. Theresa Puskus, Torn Kincaid, Linda Jones, Ladd Puskus, Carol Hays, Mike Powers, Jerry Jones, and Mitchell Pearce all registered to speak before council regarding agenda item 12.b. Theresa Puskus and Tom Kincaid both deferred their time to Mitchell Pearce. Linda Jones, Ladd Puskus, Carol Hays, and Mike rowers all deferred their time to Jerry Jones. Mr. Jerry Jones stated that he is the President of the Cedar Bayou Friends Organization, but is speaking as an independent citizen of Baytown. He stated that the existing dredging plan for Cedar Bayou had been in existence for approximately ten years and until now, all of the dredge spoil containment basins for that plan have been on the east side of the bayou (Chambers County). Mr. Jones recommended that the city find an organization to do an independent study whose not hired by USACE or has any financial interests in the outcome of the impact of the study. Additionally, lie urged for the public to voice their input regarding. this project as the deadline for public comments is October 30th. Mr. Mitchell Pearce stated that the Bay Oaks Harbor community would be negatively affected by this project and inquired if Council could draft a petition for residents to sign opposing this project. City Manager Leiper stated that opposing letters should come from each individual person as well the letter from the City for all notifications. He stated that each person should state that they want to be included on the list to be notified which puts that person on the record and that each comment must be addressed. During further discussion, City Manager Leiper stated for clarity that the City is not oppose to the maintenance dredging of Cedar Bayou that's being going on for years, but has issues with the proposed PAT City Council Regular Ntecting Minutes September 25, 2014 [gage 18 of 28 The consensus of the City Council was to put on record that the City of Baytown is apposed to the location of the proposed dredge material site and requests a public hearing. Additionally, the consensus of the council was for the City Manager to contact Attorney Bob Renbarger to review the joint public notice document and obtain his advice regarding this matter. C. Discuss the city council meeting schedule for November 2014. City Manager Leiper presented the agenda item and stated that the Council agreed to have one meeting on November l 7th which accommodated to canvass the election. He stated that due to the cancelation of the November election, the Council will not be required to meet oil November 17th to canvass. He stated that in the past, Council has opted to have one council meeting in November to allow for Council to attend TML and for travel during Thanksgiving week when schools are closed. Additionally, lie stated that a resolution for this item will be put oil the next agenda. 13. REPORTS a. Present report regarding the closeout of the summer season for the City's Aquatic Facilities. City Manager Leiper presented the agenda item and stated that bath the Pirates Bay and Calypso Cove Barks experienced record years in both attendance and revenue. He stated that Pirates Bay welcomed 166,031 guests and brought in over $2.9 million during the 2014 season despite 34 rainy /stormy days and Calypso Cove welcomed 18,803 guests and brought in $87,000 in revenue. He further stated that the overall gross income was estimated at $800,+000. Additionally, he stated that Pirates Bay hosted several successful programs during the summer including: Pirates Bay's swim lesson program where they taught 318 kids to swim, the Itty Bitty Beach Party Program which entertained 1,554 guests, and the Dive In Movie program that concluded with showing 6 of 9 scheduled movies with 3 getting canceled due to weather. Additionally, he stated that Pirates Bay hosted 15 exclusive rentals. 14. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 14.a. through 14.t. 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 1II, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City COL111 i1 Regular Nieeting Minutes September 25, 2014 Page 19 of 28 a. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal Contract with Sprint Logistics, LP. ORDINANCE NO. 12,650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT LOGISTICS MANAGEMENT, LLC, FCKJA RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS (5290,160.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of the Annual Repair Clamps Contract with ACT Pipe and Supply. ORDINANCE NO. 12,651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY - THREE THOUSAND THREE HUNDRED SEVENTEENAND 941100 DOLLARS ($63,317.94); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing payment for auditing services for FY2013 -14 to Belt Harris Pechacek, LLLP. ORDINANCE NO. 12,652 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR FINANCIAL AUDITING SERVICES FOR FY 2013 -2014 TO BELT HARRIS PECHACEK, LLLP, IN THE AMOUNT OF TWENTY -FIVE THOUSAND NINE HUNDRED SEVENTY - SIX AND NOI100 DOLLARS ($25,976.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing advanced funding for the Public Works Fuel Station and Community Center Improvements projects. City Council Regular Meeting Minutes September 25, 2014 Pace 20 of 28 RESOLUTION NO. 2327 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 approving a County -wide Mutual Aid Interlocal _ greenient with Harris County for emergency response and related assistance actiN- ities. ORDINANCE NO. 12,653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL MUTUAL AID AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR EMERGENCY RESPONSE AND RELATED ASSISTANCE ACTIVITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of John Deere Mowing; Equipment for the Parks and Recreation Department from Brookside Equipment Sales through the Houston - Galveston Area Council (H -CAC). ORDINANCE NO. 12,654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -SIX THOUSAND EIGHT HUNDRED TEN AND 981100 DOLLARS (SS6,810.98) TO BROOKSIDE EQUIPMENT SALES THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A JOHN DEERE 997 COMMERCIAL FRONT MOWER WITH 72 INCH MOWING DECK, A JOHN DEERE 51OOM UTILITY TRACTOR WITH CAB AND A JOHN DEERE CX15 FLEX -WING ROTARY CUTTER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center (BARC) for park cleaning, janitorial services and litter removal. ORDINANCE NO. 12,655 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 A CONTRACT WITH BAY AREA REHABIIA'rATION CENTER FOR PARK CLEANING AND City Council Regular Meeting; Minutes September 25, 2014 Page 21 of 28 LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -SIX THOUSAND EIGHT HUNDRED TWENTY -FIVE AND 701100 DOLLARS (S66,825.70); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of lighting and wiring improvements for the Wayne Gray Spurts Complex Girls Fields (East Road side) from MUSCO Sports Lighting, LLC, through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 12,656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED SEVENTY- FIVE THOUSAND AND NO/100 DOLLARS (S575,000.00) TO MUSCO SPORTS LIGHTING, LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR LIGHTING AND WIRING IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX GIRLS FIELDS; MAILING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an agreement with NeoGov as the provider for the City of Baytown's automated human resources system. ORDINANCE NO. 12,657 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 A SERVICE AGREEMENT WITH GOVERNMENTJOBS.COM, INC., DIBIA NEOGOV, AS THE PROVIDER FOR THE CITY OF BAYTOWN'S AUTOMATED HUMAN RESOURCES SYSTEM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY -FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City's property and casualty insurance. ORDINANCE NO. 12,655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY City Council Regular Meeting Minutes September 25, 2014 Page 22 of 28 INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTEEN THOUSAND ONE HUNDRED NINETY AND NO/100 DOLLARS ('5715,190.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims, and stop loss coverage. ORDINANCE NO. 12,659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE MILLION FOUR HUNDRED THIRTY -EIGHT THOUSAND AND NO/100 DOLLARS (51,438,000.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing expenditures for the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services to Waste Management of Texas, Inc. ORDINANCE NO. 12,660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE MILLION THREE HUNDRED FORTY -EIGHT THOUSAND SEVEN HUNDRED SEVENTY - THREE AND 40110+0 DOLLARS (53,348,773.40) TO WASTE MANAGEMENT OF TEXAS, INC., AS THE COST FOR CURBSIDE RECYCLING AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance granting a pipeline permit to Phillips 66 Pipeline Company. ORDINANCE NO. 12,661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, City Council Regular Meeting Minutes September 25, 2014 Page 23 of 28 TEXAS, GRANTING A PIPELINE PERMIT TO PHILLIPS 66 PIPELINE, LLC, TO INSTALL ONE NEW EIGHTEEN -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. n. Consider an ordinance awarding a construction contract for the Raccoon Drive Lift Station 24 -inch Force Main Project to TransTex Construction, LLC. ORDINANCE NO. 12,662 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 TRANSTEX CONSTRUCTION, LLC, FOR THE RACCOON DRIVE LIFT STATION 2.4 -INCH FORCE MAIN PROJECT IN AN AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED EIGHTY -SEVEN THOUSAND ONE HUNDRED AND NO /100 DOLLARS ($2,887,100.00); MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the closeout and acceptance of the Sanitary Sewer Extension Near 4080 East Freeway Project and release of retainage to Horseshoe Construction, Inc. ORDINANCE NO. 12,663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SANITARY SEWER EXTENSION NEAR 4080 EAST FREEWAY PROJECT; AUTHORIZING FINAL. PAYMENT OF THE SUM OF THIRTY -FOUR THOUSAND THREE HUNDRED SEVENTY -NINE AND 901100 DOLLARS ($34,379.90) TO HORSESHOE CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance awarding a supplemental construction contract to JC Stonewall Constructors, LP, concerning the Civic Center Window Replacement Project and authorizing Change Order No. I to the supplemental construction agreement. Mayor DonCarlos stated that within the next bond issue that the civic center is replaced. City Council Regular Meeting Minutes September 25, 2014 Page 24 of 28 ORDINANCE NO. 12,664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JC STONEWALL CONSTRUCTORS, LP, FOR BID ALTERNATE NOS. 1, 2, 3, 4 AND 5 OF THE CIVIC CENTER WINDOW REPLACEMENT PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERIC TO EXECUTE AND ATTEST TO A SUPPLEMENTAL AGREEMENT WITH JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AUTHORIZING CHANGE ORDER NO. I WITH JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED SIXTY -SEVEN THOUSAND NINETY AND 651100 DOLLARS ($16 7,090.65); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule V "Designation —Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas, to establish the maximum prima facie speed for the south segment of Decker Drive between Garth Road and Lee Drive. ORDINANCE NO. 12,665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE V "DESIGNATION -- SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMITS FOR DECKER DRIVE BETWEEN GARTH ROAD AND LEE DRIVE.; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an additional Industrial District agreement with CentcrPoint Energy Houston Electric, LLC. ORDINANCE NO. 12,666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 25.2014 Page 25 of 28 S. Consider a resolution amending the authorized representatives for the Texas Short Term Asset Reserve Fund ( "Tex•Star "). RESOLUTION NO. 2328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE PUBLIC FUNDS INVESTMENT POOL KNOWN AS TEXSTAR SHORT TERM ASSET RESERVE FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider a resolution amending the authorized representatives for the Texas Local Government Investment Pool ( "TexPool "). RESOLUTION NO. 2329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15. APPOINTMENTS a. Consider two (2) appointments to the Baytown Animal Control Advisory Committee. City Manager Lciper presented the agenda item to consider the appointment of Lory Stone to the Baytown Animal Control Advisory Committee. Ms. Lory Stone and Ms. Debra Hatfield have terms set to expire on September 30. 2014. City Manager Leiper stated that Ms. Lory Stone desires reappointment and Ms. Debra Hatfield does not wish to serve another term at this time. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Mercedes Renteria III approving the appointment of Lory Stone to the Animal Control Advisory Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins. Council Mcnllhcr David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council `Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 25, 2014 Page 26 of 28 16. APPEALS :1. Conduct an appeal Dearing concerning the decision of the Tow 'Truck Committee ordering the two week suspension of BAYTOWN TRANSPORTATION LLC, DBA TARGET TOWING AND BAYTOWN TRANSPORTATION LLC, DBA CITIZENS TOWING (the "Towing Company"), to run concurrently, from the City of Baytown's nonconsent tow list, for alleged violations of (i) Chapter 102, Article III of the Code of Ordinances. Mayor DonCarlos inquired if there were alternatives for tow truck appeals rather than appearing before City Council. City Manager Leiper stated that the appeal hearings could go before the municipal court. At 8:38 P.M., Mayor DonCarlos opened and conducted an appeal hearing concerning the decision of the Tow Truck Committee ordering tiie two week suspension of BAYTOWN TRANSPORTATION LLC, DBA TARGET TOWING AND BAYTOWN TRANSPORTATION LLC, DBA CITIZENS TOWING (the "Towing Company "), to run concurrently, from the City of Baytown's nonconsent tow list, for alleged violations of (i) Chapter 102, Article III of the Code of Ordinances. All parties were sworn in by Mayor DonCarlos. Ms. Deanie King, Legal Counselor for the City of Baytown, stated that the representative for the towing company is not the owner, but is the manager overseeing this particular business and his name is Issa Khoury. She stated that Mr. Khoury's cousin is the owner of the company. Ms. King recommended that council upholds the decision of the Tow Truck Committee due to the run time violation by Citizens Towing on November 16, 2013, and the three (3) pass time violations for Target Towing on January 6, 9, and 23 of 2014. Mr. Khoury stated that the reason he submitted tiie appeal was because of the negative impact this would have on his business. He stated that lie's lost one driver and is doing his best to put the company back on the right track. He stated that tic's not disputing the facts, but lie wasn't present at that time and has taken over the business since May of 2014. At 9:02 F.M., Mayor DonCarlos closed the appeal hearing. h. Consider affirming, reversing or modifying the decision of the Tow Truck Committee ordering the two week suspension of BAYTOWN TRANSPORTATION LLC, DBA TARGET TOWING AND BAYTOWN TRANSPORTATION LLC, DBA CITIZENS TOWING (the "Towing Company"), tow run concurrently, from the City of Baytown's nonconsent town list, for alleged violations of Chapter 102, Article III of the Code of Ordinances. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving to affirm the decision of the Tow Truck Committee. The vote was as follows: City Council Regular Meeting Minutes September 25, 2014 Page 27 of 28 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain Nays: Mayor Pro Tern Mercedes Renteria 11I, Council Member Chris Presley Approved 17. MANAGER'S REPORT a. Reminder that the City Council will hold one special meeting regarding the tax revenue increase on Monday, October 06, 2014, at 5 :00 P.M. and another special meeting regarding the adoption of the tax rate on Thursday, October 16, 2014, at 5;00 P.M. City Manager Leiper presented the agenda item and stated that the City Council will held special meetings on Monday, October 06, 2014, and Thursday, October 16, 2014 at 5:00 P.M. b. Reminder of the Texas Municipal League 102nd Annual Conference and Exhibition. City Manager Lciper stated that the Texas Municipal League 102nd Annual Conference and Exhibition is scheduled to take place from 'September 30 - October 03, 2014. C. Reminder of National Night Out 2014. City Manager Leiper stated that National Night Out is scheduled to take place on Tuesday, October 07, 2014 from 6 :00 P.M. to 9:00 P.M. 18. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo adjourning the September 25, 2014, City Council Regular Meeting. 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 Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 25, 2014 Page 28 of 2€3 With there being no further business to discuss, Mayor DonCarlos adjourned the September 25. 2014, City Council Regular Meeting at 9.05 P.M. r Leticia Brysch, City Cler City of Baytown Al t' % ', i In : Cti