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2014 08 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 28, 2014 The City Council of the City of Baytown, Texas, net in a Regular Meeting on Thursday, August 28, 2014, at 6:31 PAI. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the August 28, 2014, City Council Regular Meeting with a quorum present at 6 :31 P.M., all members were present with the exception of Council Member Renteria who arrived at 6:32 P.M. and Council Member Hoskins who arrived at 7:25 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. I, MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on Jul)- 24, 2014.. A motion was made by Council Mcmber Terry Sain and seconded by Mayor Pro Tern Mercedes Renteria III approving the July 24, 3014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes August 28, 2014 Page 2 of 21 Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms, Michelle Phillips requested to address Council to give an update regarding; the 2014 Crusin' Texas Toy Drive. Ms. Phillips stated that the 2014 Crusin' Texas Toy Drive would be on Saturday, December 20, 2014, at Tikki Bar & Grill. b. Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board, will present the 2414 Parks and Recreation Annual Report. Scott Johnson, Director of Parks and Recreation stated that Pirates Bay had 161,000 people to pass through the gates despite the 25 stormy days when the park had to shut down early. C. Recognize Patti Jett for completion of the Certified Public Communicator Program. City Manager Leiper presented the agenda item and recognized Patti Jett for completion of the Certified Public Communicator Program. d. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 plus years). City Manager 1 -ciper presented the agenda item and recognized City of Baytown Employees for their Years of Service (5, 10, 15 plus years). 5 Years: Ugeshwar Persad - Public Works, Laborer - Solid Waste 25 Years: Suzanne Tallent - Collection Manager, Finance 1 Utility Billing 45 Years: Bernard. Olive - Assistant Fire Chief 3. SPECIAL DISTRICT BUDGETS .1. Consider an ordinance approving the Baytown Crime Control and Prevention District 2414 -2015 Fiscal Year Budget. City Council Regular Meeting Minutes August 28, 2014 Page. 3 of 21 City Manager Leiper presented the agenda item and stated that as set forth in state law, the City Council must approve or reject the budget adopted by the CCPD Board at least 30 days before the beginning of the fiscal year. He stated that under state law the City Council may not amend the budget as presented by the CCPD Board. He stated that if the City Council rejects the budget, the City Council and the CCPD Board shall meet and together amend and approve the budget. He further stated that the CCPD Board adopted the budget on July 08, 2014, and the City Council held a public hearing regarding this budget at its August 14, 2014, meeting. He stated that the proposed revenues were S 1,536,587; expenditures were $ 1,666,627; and an ending working capital was $140,973. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,619. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,619 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2014 -15 'BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District 21714 -2015 Fiscal Year Budget. City Manager Leiper presented the agenda item and stated that the same state law from agenda item 3.a. applies to this budget. He stated that the FCPEMSD Board adopted the budget on July 15, 2014, and the City Council held it public hearing regarding the FCPEMSD Budget at its August 14, 2014, in,ecting. He stated that the proposed revenues were $1,513,614; expenditures were $1,955,193; and an ending working capital was $592,451. A motion was made by Mayor Pro Tern Mercedes Renteria. III and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,620. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 11I, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes August 28, 2014 Page 4of21 Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2014 -15 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving the Baytown Area Water Authority 2014 -2615 Fiscal Year Budget. City Manager Leiper presented the agenda item and stated that state law requires that the General Manager of BAWA formulate a budget for BAWA's fiscal year and that such budget is subject to the approval of both the BAWA Beard and the City Council of the City of Baytown. He stated that the BAWA Board held a public hearing on the budget and adopted the same on Wednesday, August 20, 2014. He stated that Ordinance No. 12,621 approves the budget approved by the BAWA Board. Additionally, fie stated that the proposed revenues were S12,277,398; the expenditures were S 13,538,722; and an ending working capital was $4,763,955. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Mercedes Renteria III approving; Ordinance No, 12,621. The vote was as fellows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,621 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Rcgular Meeting Minutes August 28, 2014 Page 5 of 21 4. MUNICIPAL BUDGET FY 2014-2015 a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2014 -2015 Proposed. Budget. At 6:55 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City of Baytown Fiscal Year 2014 -2015 Proposed Budget. City Manager Leiper stated that the public hearing must be held aver the 15th day after the date that the proposed budget is filed with the City Clerk, but before the City Council makes its tax levy. He stated that a notice of the time and date of the public hearing must be published in a newspaper of general circulation within the City no later than the 10til day prior to the hearing, He stated that the Proposed Budget was filed with the City Clerk on July 24, 2014, and notice of the public hearing was published in The Bayloivii Star oil August 15, 2014. City Manager Leifer stated that the proposed 2014 -2015 City of Baytown Municipal Budget Including technical adjustments totals $159,358,042, which is a $3,226,766 decrease of the 2013- 14 budget. He further stated that the technical adjustments were 1) an addition of $92,500 to transfer Mike Flinn's position from the parks department over to the aquatics fund; and 2) an addition of S 10,000 to the sanitation fund for the tire recycling program. With there being; no one registered to speak, Mayor DonCarlos closed the public hearing at 6:58 P.M. b. Consider an ordinance adopting the City of Baytown Municipal Budget, Fiscal Year 2414 -2015. A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member David McCartney to ratify the property tax revenue increase reflected in the proposed City of Baytown Municipal Budget FY2014 -2015 with two (2) technical adjustments. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, IN City Council Regular Meeting; Minutes August 213, 3014 Page. 6 of 21 ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley motion to adopt the City of Baytown Municipal Budget FY2014 -2015 with two (2) technical adjustments. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved C. Consider an ordinance authorizing the Sixth Amendment to the Collective Bargaining Agreement for October 01, 2010, through September 30, 2016, with the International Association of Firefighters Local 1173. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,623 ratifies the Sixth Amendment to the Collective Bargaining Agreement (the "CBA ") and incorporates every change rnade in the first five (5) amendments. He stated that this is a one year agreement with a second year option in which if the City's actual revenue for a twelve month period would meet or exceed a certain amount, than the second year kicks in, but in any case this extends the contract into a sixth year. Additionally, he stated that if the revenue threshold is not rnct the wages are open for negotiation. A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member Terry Sain approving Ordinance No. 12,623. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Mcmber David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry 'Sam, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved City Council Regular Meeting Minutes August 28, 2014 Page 7 of 21 ORDINANCE NO. 12,623 AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF BAYTOWN, TEXAS, AUTHORIZING THE SIXTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending; utility rates in accordance with the rate study performed by Burton and Associates. City Manager Lciper presenter) the agenda item and stated that in 2010, the City Council held a .joint work session with Baytown Area Water Authority ( "BAWA ") regarding; the rates, structure, and service fees. He stated that at that time, Council was presented with the results of the commissioned rate study by Burton and Associates, which proposed a systematic schedule of rate increases to ensure the City has sufficient annual revenues over a multi -year period to meet its financial requirements. He stated that the increases are predicted but not automatic and are only imposed it' necessary. Additionally, fie staters that the proposed utility rate increase was 5.55% effective with the first billing cycle in FY2015. A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 12,624. The Mote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Calictillo, Council Member David McCartney, Mayor Pro Tern Mercedes Rentcria I11, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Nat Present for Vote) Approved ORDINANCE NO. 12,624 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98- 59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE," SECTION 9891 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NOI100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Fleeting Minutes August 28, 201.1 Page 8 of 21 5. MUNICIPAL ELECTION NOVEMBER 04, 24114 yt. Receive the Certificate of Unopposed Status For the Office of Council Member, District Nos. Four, Five and Six. City Manager Leiper presented the agenda item and stated that the filing deadline for a place on the ballot for such election was August 18, 2014, the filing deadline for a declaration of write-in candidacy was also August 18, 2014, and the deadline to file a certificate of withdrawal was August 22, 2014. He stated that Mr. William "Terry" Sain was the only candidate to file for the office for Council District No. Four; Mr. Robert Hoskins was the only qualified candidate to file for the office of Council District No. Five; and Mr. David McCartney was the only retraining candidate for the office of Council District No. Six. He stated that the City Clerk is required to certify in writing that said candidates are unopposed and delivered a certification concerning their unopposed status at the meeting. He further stated that no action was necessary for this item. b. Consider an ordinance declaring the unopposed candidates of William "Terry" Sain as elected to the Position of Councilmember District No. Four; Robert Hoskins as elected to the Position of Councilmernber District No. Five; and David McCartney as elected to the Position of Councilmember, District No. Six and canceling the associated municipal election. City Manager Leiper stated that the November election was canceled and the reception for the elected officials will be on December 11, 2014, prior to the council meeting.. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Mercedes Renteria III approving Ordinance No. 12,625. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem. Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE WILLIAM "TERRY" SAIN ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT OF NO. 4 OF THE CITY OF BAYTOWN, THE UNOPPOSED CANDIDATE ROBERT HOSKINS ELECTED TO THE OFFICE OF COUNCIL MEMBER OF DISTRICT NO. 5 OF THE CITY OF BAYTOWN, AND THE City Council Regular Meeting Minutes August 28, 2014 Page 9 of 21 UNOPPOSED CANDIDATE DAVID MCCARTNEY ELECTED TO THE OFFICE OF COUNCIL MEMBER OF DISTRICT NO. 6 OF THE CITY OF BAYTOWN; CANCELING THE MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 4TH DAY OF NOVEMBER, 2014, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBERS OF COUNCIL DISTRICT NOS. FOUR (4), FIVE (5), AND SIX (6) OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement with Gerald W. Yates for the purchase of Lots 7, 8 and 9, Block 22, of Goose Creek, Harris County, Texas. City Manager Leiper presented the agenda item and stated that this acquisition is contingent upon (i) an inspection report satisfactory to the City, (ii) an environmental site assessment satisfactory to the City, and (iii) the City Council's approval of the Chapter 380 Economic Development Agreement concerning the Brunson Theater and the Citizens Bank Building. He stated that the sales price is 538,000 and the closing date is October 31, 2014, or seven days after receipt of the appraisal. City Manager Leiper stated that there's a right of reversion adder!, so that if the Brunson project does not go through, even if it's approved and does not fret built that Mr. Yates has the right to purchase the property from the City at the same price. Council Member Presley inquired as to when the reversion was added and when the agreement was signed. City Manager Leiper stated that when Mr. Yates came to sign the agreement that was his requirement and it was signed within days prior to the August 28th Council Meeting. Council Member Presley stated that the reason he inquired was because if the project didn't go forward with Mr. Yates, the City would start the process over with someone else who could want that property. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem Mercedes Renteria III approving; Ordinance No. 12,626. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council Member David McCartney, Mayor Pro Terri Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Haskins (Not Present for Vote) Approved City Council Regular Meeting Minutes August 28. 2014 Page 111 of 21 ORDINANCE NO. 12,626 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH GERALD W. YATES CONCERNING THE SALE OF CERTAIN PROPERTY TO BE USED IN THE DEVELOPMENT AND OPERATION OF AN ARTS AND ENTERTAINMENT COMPLEX IN THE BRUNSON THEATER AND THE CITIZENS BANK BUILDING; AUTHORIZING THE CITY OF BAYTOWN'S GRANTING OF THE INCENTIVE AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l). Consider an ordinance authorizing a Chapter 380 Economic 'Development Agreement with Robert B. Martin, Jr., for an arts and entertainment complex in the Brunson Theater Building, located at 315 W. Texas Avenue; and in the Citizens Bank Property, located at 319 W. Texas Avenue. City Manager Leiper presented the agenda item and stated that the Chapter 380 Econornic Development Agreement with Robert B. Martin, Jr. (the "Developer ") for an arts and entertainment complex in the Brunson Theater Building; provides for the financial incentives, including the conveyance of property, if certain benchmarks are islet. He stated that the benchmarks, which the Developer must meet, include: 1. the payment of 55,000, subject to refund if the third and fourth benchmarks listed below are satisfied; 2. the submission of an application for a building permit for structural repairs within 30 calendar days of the effective date of the agreement; 3. the completion of the structural repairs within 180 calendar days of the effective date of the agreement; 4. the installation of a new roof on the Brunson and the repair of the roof on the Citizens Bank Building within 365 calendar days of the effective date of the agreement; and 5. the receipt of certificates) of occupancy/completion within two (2) years of the issuance of the first building permit for the Project. City Manager Leiper stated that the City will lease the property to the Developer for the first year and if the roof and structural repairs arc trade, the City will convey the property to the Developer subject to a one -year right of reversion from the issuance of the certificates of occupancy for the Project if (i) benchmark 5 listed above is not satisfied, (ii) Developer fails to commence operation of the Project within 60 days of the issuance of the certificate(s) of occupancy, (iii) the Developer fails to operate the Project for a period of one year after commencement of operations, or (iv) the Agreement is terminated due to a breach of the Developer. Additionally, lie stated that the Developer will be eligible to apply for a facade improvement grant under the City's Downtown Facade Improvement Program and for the waiver of certain fees and the refund of a City Council Regular Meeting Minutes August 28, 2014 Page 1 t of 21 portion of municipal ad valorem tares paid as specified in Baytown Revitalization Incentive Zone Incentive Policy. Council Member Presley stated that the language referencing the use restrictions regarding a night club or bar was correct according to what was discussed at the last council meeting. He further stated that at the top of page 14 below the disclaimer, it references the deed restriction which states that such deed without warranty shall include a restrictive covenant, which shall run with the land, prohibiting 319 W. Texas Avenue from being used as any type of nightclub. He stated that the two statements are inconsistent and lie wanted to be sure that the first language was the correct language. Additionally, he inquired if the first language should be carried over to the page 14 paragraph. Mr. Ignacio Ramirez, City Attorney, stated that the deed restriction runs with the property and the use is prohibited in the agreement, therefore the City is comfortable with the language. During further discussion, Council Member Presley stated that when the City purchased the property the deed restriction was not in place, but was proposed at the time of purchase, so it would be up to the City to make sure that the deed restriction is correctly in place when the property is conveyed. City Manager Leiper stated that when the property was purchased the City agreed to the deed because the restriction was a condition of the agreement. For clarification purposes, Mayor DonCarlos inquired if the deed would clearly state the restrictions. City Manager Leiper stated that it is going to say nightclub or bar. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,627. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Meiliber David McCartney, Mayor Pro Tern Mercedes Renteria 11I, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,627 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH ROBERT B. MARTIN, JR., FOR THE DEVELOPMENT AND OPERATION OF AN ARTS AND ENTERTAINMENT COMPLEX IN THE BRUNSON THEATER AND THE CITIZENS BANK BUILDING, AUTHORIZING THE CITY OF BAYTOWN "S GRANTING OF INCENTIVES AS AUTHORIZED IN SAID AGREEMENT; City Council Regular Meeting Minutes August 28, 2014 Page 12 of 21 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance for the first reading of the proposed 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 Leiper presented the agenda item and stated that the applicant, Nasir Panjwani, president of South Houston Realty 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 annexation is being requested in order to extend city utilities to the site. He stated that on June 26, 2014, the City Council approved a resolution granting the annexation petition and directing staff to create a service plan for the proposed area to be annexed. He further stated that the first and second public hearings were held by City Council on July 24, 2014, and that the second reading of the ordinance and completion of annexation proceedings are scheduled for September 25, 2014. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,628. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Not Present for Vote) Approved ORDINANCE NO. 12,628 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. City Council Regular Meeting Minutes August 28, 2014 Page 13 of 21 d. Consider an ordinance amending Chapter 102 "Vehicles for Hire," Article III "Tor" • Trucks " of the Code of Ordinances, Baytown, Texas, by revising permit eligibility requirements, vehicle storage facility requirements, solicitation prohibitions, and permit application requirements as well as adding a fee for driver identification cards and making other clarifications anti approving the standard form of agreement. City Manager Leiper stated that Assistant City Attorney/Civil Service Legal Advisor, Deanic King Would present the agenda item. Ms. King stated that the proposed amendments were approved by the Tow Truck Committee and was discussed with the tow truck companies. She stated that the focus has changed from the tow truck operators to the towing companies. Ms. King stated that the definition of the towing company was changed to include. all DBA's or assumed names that are under the owner's name. She stated that this will take the towing rotation list down from 41 to 15 companies and allow for the company to assign whichever DBA to the send to a call. She stated that the change was also in the permitting section, as well as, an added provision that a towing company may have only one permit. City Manager Leiper stated that the proposed change would help minimize run time violations and Ms. King stated that it would also minimize pass violations. During further discussion, Ms, King stated that the application fee changed from 515 to $25. She stated that a new fee of $9,000 ($600 per company) one time per year for the 15 current companies oil the list is being proposed to the agreement and not in the ordinance because it is not a regulatory fee, but instead is tt merchant fee. She stated that the purpose of the fee is to receive some of the costs of all staff members time and managing the rotation list. City Manager Leiper stated that the fee is for an operator's permit. During further discussion regarding the fees, Council Member Hoskins recommended having a minimum fee and a cost per truck fee instead of the flat $600 fee. Council Member McCartney recommended that staff spot check and contact some of the customers of the towing companies to verify that they have been charged correctly. City Manager Leiper stated that there would have to be staff available to maintain the intake of the tickets, so the remedy to the spot check would be to put contact information, the rules, and fees on the ticket for the customers. Cyndi Rogers and David Kostka both registered to speak before council regarding agenda item 6.d. Ms. Rogers stated that she was the secretary for Kostka Auto. She stated that there are more issues that need to be discussed regarding the amendments and recommended postponing approving the amendments at this time. Mr. Kostka stated that 11is concern was limiting the permit to one company. Fic; stated that the one rotation does not pay for staff wages, insurance for each truck, or maintaining the storage facility. The consensus of Council was to move forward with the amendments with the exception of adjusting the $600 fee to $300 plus $75 per truck that goes on the road. City Council Regular Meeting Minutes August 28, 2014 Page 14 of 21 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney to amend the proposed amendment to the point of the tow agreement rotation document item paragraph 2,03 to change the fee from $600 to $300 for the first truck and $75 for any additional truck thereof. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: Mayor Pro Tem Mercedes Renteria III Approved A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving the amendments. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council %,Icmber Chris Presley Nays: Mayor Pro Tern Mercedes Renteria III Approved ORDINANCE NO. 12,629 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 102 "VEHICLES FOR HIRE," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS "; APPROVING A STANDARD FORM OF AGREEMENT; PROVIDING A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS (S500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. PROPOSED RESOLUTIONS a. Consider a resolution canceling the special City Council meeting scheduled for Thursday, September 04, 2014. City Council Regular Meeting Minutes August 28, 2014 Page 15 a f 21 City Manager Leiper presented the agenda item and stated that the City Council changed the meeting date for the first meeting in September from September 1 I th, to September 4th, in order to accommodate the attendance and participation of Council and staff related to the September 1 I th Memorial. He stated that the budget related items were complete and staff recommends canceling the Thursday, September 04, 2014, Special Council meeting. A motion was made by Council Member Terry 5ain and seconded by Council Member Brandon Capetillo approving Resolution No. 2323. 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 Ill, Council Member Terry 5ain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELLING THE SPECIAL MEETING SCHEDULED FOR SEPTEMBER 4, 2014, AT 6:30 P.M.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving consent agenda items 8.a. through 8.k. 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 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved a. Consider an ordinance authorizing the Agreement for Funding of Public Improvements with Exxon Mobil Corporation for roadway improvements along Spur 330 frontage road. ORDINANCE NO. 12,630 City Council Regular Meeting Minutes August 28, 2014 Page 16 of 21 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 THE AGREEMENT FOR FUNDING OF PUBLIC IMPROVEMENTS WITH EXXON MOBIL CORPORATION FOR ROADWAY IMPROVEMENTS ALONG SPUR 330 FRONTAGE ROAD; MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Advance Funding Agreement with the State of Texas through the Texas Department of Transportation for the construction of traffic improvements on Spur 330 frontage road. ORDINANCE NO. 12,631 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 AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS ON THE ON SPUR 330 FRONTAGE ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED TWENTY THOUSAND AND NO/ 100 DOLLARS ($2,520,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an interlocal agreement with Harris County for the installation of new traffic signals with pedestrian indications and pushbuttons, and the modification of striping and pedestrian ramps as necessary at the intersection of Barkuloo Road and Blue Heron Parkway. ORDINANCE NO. 12,632 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 INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE INSTALLATION OF NEW TRAFFIC SIGNALS WITH PEDESTRIAN INDICATIONS AND PUSHBUTTONS, AND THE MODIFICATION OF STRIPING AND PEDESTRIAN RAMPS AS NECESSARY AT THE INTERSECTION OF BARKALOO ROAD AND BLUE HERON PARKWAY; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED EIGHTY -TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($82,500.00); MAKING OTHER PROVISIONS RELATED THERE`I'O;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 28, 2014 Page 17 of 21 d. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corporation. ORDINANCE NO. 12,633 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 PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an interlocal agreement with the Baytown Area Water Authority concerning the acquisition of property for the BAWA East Project. ORDINANCE NO. 12,634 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN AREA WATER AUTHORITY CONCERNING THE ACQUISITION OF PROPERTY FOR TIME BAWA EAST PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of the SunGard software maintenance agreement. ORDINANCE NO. 12,635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY -TWO THOUSAND FOUR HUNDRED FORTY -FIVE AND 631100 DOLLARS ($92,445.63) TO SUNGARI) PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing add -on products for the SunGard FinancePlus and CommunityPlus software. ORDINANCE NO. 12,636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY -FIVE THOUSAND EIGHTY -FIVE AND NO/100 DOLLARS ($95,085.00) TO SUNGARD PUBLIC SECTOR INC., FOR THE SOLE SOURCE PURCHASE City Council Regular Meeting. Minutes August 28, 2014 Page 18 of 21 OF CERTAIN ADD -ON PRODUCTS FOR SUNGARD FINANCEPLUS VERSION 5.0 AND COMMUNITYPLUS VERSION 9.0 TO FURTHER AUTOMATE CITY FUNCTIONS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 17 N ith Angel Brothers Enterprises, Ltd, for the Baker Road Extension Project. ORDINANCE NO. 12,637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 17 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAKER ROAD EXTENSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY -EIGHT THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($68,250.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the renewal of the Annual Hot -,Mix Asphalt Contract to Century Asphalt Ltd. ORDINANCE NO. 12,638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND AND NO/100 DOLLARS ($108,000.010); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract with Kendrick Oil Company. ORDINANCE NO. 12,639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH KENDRICK OIL CO.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SEVENTY THOUSAND FIVE HUNDRED NINETY -EIGHT AND 37/100 DOLLARS (51,070,598.37); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 28, 2014 Page 19 of 21 k. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School District for ad valorem tax assessment and collection services. ORDINANCE NO. 12,640 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2013 -2014 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY -EIGHT THOUSAND THREE HUNDRED TWENTY -ONE AND 501 100 DOLLARS ($68,321.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.472 of the Texas Government Code to deliberate the purchase of real property for municipal purposes. At 8:19 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes. At 8:32 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 10. MANAGER'S REPORT a. Present the schedule for the remainder of the Raytown 2014 Aquatics Summer Season. City Manager Leiper presented the agenda item and stated that both Pirates Bay Waterpark and Calypso Cove ended daily operations on Sunday, August 24th, at 7:00 P.M. and will reopen for the three day Labor Day weekend on Saturday, August 30th. He stated that Calypso Cove will close for the 2014 Summer Season on Labor Day, Monday, September I st at 7 P.M. He stated that Pirates Bay Waterpark will continue weekend operations through Sunday, September 21st; however, the actual closing date for Pirates Bay is subject to weather and attendance. Additionally, he stated that the City's five spray parks, located at Roseland Park, Bergeron Park, McElroy Park, Central Heights Park and Pelly Park will remain open daily, from 10:00 A.M. to 8 :00 P.M., through Sunday, November 2nd. b. City of Baytown offices will be closed on Monday, September 01, 2414, for the Labor Day Holiday. City Council Regular Meeting; Minutes August 28, 2014 Page 20 of 21 City Manager Lciper stated that the City of Baytown offices will be closed can Monday, September 01, 2014, for the Labor Day Holiday. C, The Baytown Municipal Development District regular meeting scheduled for Thursday, September 04, 2014, has been canceled. City Manager Leiper stated that the Baytown Municipal Development District regular meeting scheduled for Thursday, September 04, 2014, has been canceled. d. Present the September 11th Event Information. City Manager Leiper stated that on Thursday, September 11, the Baytown community will honor those who lost their lives on 9111 and will also honor the public safety professionals which will take place at the high school football game between Robert E. Lee and Waller at Stallworth Stadium at 7:00 P.M. He stated that Mayor DonCarlos will participate in the coin flip at mid- field with the Mayor of Waller and the City purchased tickets for Baytown City Council Members, City staff and their families. City Manager Leiper stated that there will have to be some special meetings on the tax rates. He stated that the plan is to receive the tax rates and call the public hearings at the September 25th Council meeting. He stated that the tax rate must be set by October 2 l st. He stated that the first public hearing would be on October 06, 2014, the second public hearing on October 09, 2014, and another special meeting on October 16, 2014 to adopt tax rate. City Manager Leiper stated that Mayor DonCarlos was challenged to do the ice bucket challenge for ALS. He stated that the Mayor, in turn, challenged each council member to complete it with him and donate $50. Additionally, he stated that the challenge will take place on Wednesday, September 03, 2014 at 700 P.M. City Manager Leiper stated that Darryl Pourte was retiring from the City of Baytown. 11. ADJOURN A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member David McCartney adjourning the August 28, 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 Tem Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes August 28, 2014 Page 21 of 21 Willi there being no further business to discuss, Mayor DonCarlos adjourned the August 28, 2014, City Council Regular Meeting at 8:40 P.M. ffeti is Brysch, City Clerk' c, C/" City of Baytown y y�'••M•••�''`�° 0: it