2014 11 17 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
November 17, 2014
The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday,
November 17, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Chris Presley
Terry Sain
Stephen H. DonCarlos
Robert D. Leiper
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the November 17, 2014, City Council Special Meeting with a
quorum present at 6:30 P.M., all members were present with the exception of Council Member
Renteria who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley.
MINUTES
Mayor DonCarlos stated that agenda items La. and 1.b. would be considered together
a. Consider approving the minutes of the City Council Special Meeting held on
October 16, 2014.
b. Consider approving the minutes of the City Council Regular Meeting held on
October 23, 2014.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving the October 16, 2014, City Council Special Meeting minutes and the October
23, 2014, City Council Regular Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
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November 17, 2014
Page 2 of 27
Nays: None
Other: Mayor Pro Tem Mercedes Renteria III (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize the City of Baytown Public Safety Award of Excellence winners.
City Manager Leiper presented the agenda item and recognized the City of Baytown Public
Safety Award of Excellence winners in which they were also presented at the Baytown Chamber
of Commerce 22nd Annual Public Safety Recognition Luncheon on Tuesday, November 04,
2014: Jeremy Cox, Police Officer of the Year, and Chris Crain, Firefighter of the Year.
b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus
years).
City Manager Leiper presented the agenda item and recognized City of Baytown employees for
their years of service (5, 10, 15 plus years).
5 Years:
Joshua Quijas, Firefighter
Mike Villalon, Public Works Senior Traffic Control Worker
10 Years:
Shawn Cochran - Health, Community Service Coordinator
Nancy Neal - Fire, Administrative Assistant
25 Years:
Richard Lopez - Fire, Battalion Chief
C. Presentation regarding Mr. Thane Harrison's retirement and the new
representative for Waste Management.
City Manager Leiper presented the agenda item and recognized Mr. Thane Harrison for his
services. Additionally, he introduced the new representative for Waste Management, Mr.
Raymond Franks.
d. Presentation of the new Welcome to Baytown video featuring Mayor DonCarlos.
The City's new public service announcement video was presented.
3. DISCUSSIONS
a. Receive and discuss the status report of the Charter Review Committee
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In January of this year, the following members were appointed to the Charter Review Committee
in accordance with Section 138 of the Charter of the City of Baytown: Dr. Don Murray,
Chairperson, Mayor; Mr. Gilbert Hinojosa, Committee Member, District No. I; Ms. Vivian
Hemphill, Vice Chair, District No. 2; Mr. Randy Dickey, Committee Member, District No.
3; Mr. Cliff Clements, Committee Member, District No. 4; Mr. Pi -Yi Mayo, Committee
Member, District No. 5; and Ms. Donna Winfrey - Varner, Committee Member, District No. 6.
Dr. Murray presented the status report and stated that since the appointment of officers, the
members of the Committee met and reviewed each Charter provision. During further discussion,
he stated that one of the topics discussed during their meeting was adding members to Council;
therefore the committee requested input from City Council regarding whether it would be
appropriate to add to the members of Council At Large members. Council Member McCartney
inquired as to why adding members would be necessary. Dr. Murray stated that having council
members at large would bring the kind of thought process in that don't focus on narrow
perspective, but rather think of the broad issues for the whole as oppose to sometimes being
provincial for an individual district. Dr. Murray further stated that the primary reason for
adding the members is to have more of an overview perspective by an individual council
member to bring for a deliberation. Additionally, he stated that the committee was not
considering one but either two members at large or two that are called super districts.
The overall consensus of Council was that there wasn't a strong feeling to add members of
Council.
4. PROPOSED AMENDMENTS TO ULDC TEXT AMENDMENTS
a. Conduct public hearing concerning the proposed amendments to the text of the
Unified Land Development Code (ULDC) providing for an affirmative vote of at least two -
thirds of all members of the City Council for a change to the zoning text or to the official
zoning map, except in cases where a change is protested in accordance with state law, or is
recommended for denial by the Planning and Zoning Commission but overruled by City
Council, which will require the affirmative vote of at least three- fourths of all members of
the City Council.
At 7:20 P.M., Mayor DonCarlos opened and conducted a public hearing concerning the proposed
amendments to the text of the Unified Land Development Code (ULDC) providing for an
affirmative vote of at least two - thirds of all members of the City Council for a change to the
zoning text or to the official zoning map, except in cases where a change is protested in
accordance with state law, or is recommended for denial by the Planning and Zoning
Commission but overruled by City Council, which will require the affirmative vote of at least
three - fourths of all members of the City Council.
City Manager Leiper stated that as proposed, instead of requiring the affirmative vote of at least
six (6) City Council members for any such change, a change may be passed with the affirmative
vote of at least five (5) members, except if:
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November 17, 2014
Page 4 of 27
1. the item is protested in accordance with state law; or
2. the proposed change overrules a recommendation by the Planning and Zoning
Commission to deny the proposed change.
City Manager Leiper stated that the reason two- thirds vote is used instead of stating five (5)
votes is because if the size of council changes the number would automatically adjust. He stated
that state law requires a three - fourths vote of all members of the City Council in case there's a
protest and allows the City to enact a three- fourths vote requirement to overrule a
recommendation of denial by the Planning and Zoning Commission. He further stated that the
intent of this item is to allow for a simplified approach of the zoning map and text amendments
by City Council for items that have had limited, if any, objections. He stated that the Planning
and Zoning Commission held public hearings on September -16th and October 21 st, in which
on October 21, 2014, the Commission voted to recommend approval of the ULDC text
amendment from six (6) votes to five (5) for map and text amendments except in the two
protest cases.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing at
7:23P.M.
b. Consider an ordinance to amend the text of the Unified Land Development
Code (ULDC) providing for an affirmative vote of at least two- thirds of all members of the
City Council for a change to the zoning text or to the official zoning map, except in cases
where a change is protested in accordance with state law, or is recommended for denial by
the Planning and Zoning Commission but overruled by City Council, which will require
the affirmative vote of at least three - fourths of all members of the City Council.
Council Member McCartney stated that he has a concern with giving more power to the P &Z
and taking away from the elected officials as it's not in the best interest because the P &Z
typically agrees with the staff.
City Manager Leiper stated that staff submitted this item for discussion to see if Council wanted
the higher threshold if it was contrary to the Planning and Zoning Commission, although it is not
required by state law. However, he stated that the vote of at least six council members are
required if there is a protest that meets the requirements of the State of Texas. He further stated
that Council could make the motion to adopt the amendment without the Planning and Zoning
proposal.
A motion was made by Council Member Terry Sam and seconded by Council Member David
McCartney to amend the text of the Unified Land Development Code (ULDC) providing for an
affirmative vote of at least two- thirds of all members of the City Council for a change to the
zoning text or to the official zoning map, except in cases where a change is protested in
accordance with state law, which will require the affirmative vote of at least three - fourths of all
members of the City Council. The vote was made by a show of raising their right hands as
follows:
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November 17, 2014
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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: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving to amend the motion and exclude in Section 1.25 Section (A) Item
(2) completely. 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: None
Other: Mayor Pro Tem Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.25 "VOTE REQUIRED FOR ACTION' OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER
OF VOTES NEEDED FOR A ZONING TEXT AMENDMENT AND A
ZONING MAP AMENDMENT; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Conduct a public hearing concerning the proposed amendments to the text of the
Unified Land Development Code (ULDC) to clarify the approval process for a special use
permit by providing for an affirmative vote of a majority of all members of the City
Council for the approval of a special use permit, except in cases where a change is
protested in accordance with state law or where a special use permit is recommended for
denial by the Planning and Zoning Commission but overruled by City Council, which will
require the affirmative vote of at least three - fourths of all members of the City Council.
At 7:35 P.M., Mayor DonCarlos opened and conducted a public hearing concerning the proposed
amendments to the text of the Unified Land Development Code (ULDC) to clarify the approval
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November 17, 2014
Page b o£27
process for a special use permit by providing for an affirmative vote of a majority of all members
of the City Council for the approval of a special use permit, except in cases where a change is
protested in accordance with state law or where a special use permit is recommended for denial
by the Planning and Zoning Commission but overruled by City Council, which will require the
affirmative vote of at least three- fourths of all members of the City Council.
City Manager Leiper stated that prior to filing a request with Planning and Zoning, special use
permits were set at four (4) votes except if the item is protested in accordance with state law it
requires six (6). He stated that the Planning and Zoning Commission recommended that there be
five (5) votes and staff conquers.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:37
P.M.
d. Consider an ordinance to amend the text of the Unified Land Development Code
to clarify the approval process for a special use permit by providing for an affirmative vote
of a majority of all members of the City Council for the approval of a special use permit,
except in cases where a change is protested in accordance with state law or where a special
use permit is recommended for denial by the Planning and Zoning Commission but
overruled by City Council, which will require the affirmative vote of at least three - fourths
of all members of the City Council.
Mayor DonCarlos stated that the motion would be to approve the ordinance to amend the text of
the Unified Land Development Code to clarify the approval process for a special use permit by
providing for an affirmative vote of two- thirds of all members of the City Council for the
approval of a special use permit, except in cases where a change is protested in accordance with
state law which will require the affirmative vote of at least three - fourths of all members of the
City Council.
City Manager Leiper further stated that the motion would include Section 1.25 (b) (2) being
removed. He further stated that Section 1.25 (b) (1) is written per the staff recommendation and
not per the way it was presented to Planning and Zoning. He stated that to go from four (4) votes
to five (5), no change was necessary in the current ordinance, as this was the original
recommendation. He stated that the motion would be to adopt the ordinance as presented
deleting Section 1.25 (b) (2), which removes the overruling of the Planning and Zoning.
City Manager Leiper stated for clarity that the Ordinance presented in Council's packet
references 1.25 (a) contains the language that was first proposed for zoning and text
amendments. He further stated that 1.25 (a) will read as Council approved it in the prior vote,
therefore zoning and text amendments would not have item (2).
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo to adopt the Ordinance as presented deleting Section 1.25 (b) (2). During
further discussion, the motion was made with the following changes: to approve the language as
proposed in Section 1.25 with the exception of deleting Section (b) (2) and adding five (5) votes
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November 17, 2014
Page 7 of 27
requirement with clarification that item (a) (2) as printed is governed by Councils previous
action. 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, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.25 "VOTE REQUIRED FOR ACTION' OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER
OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF,
5. ANNEXATION AND REZONING OF APPROXIMATELY 0.178 ACRES OF 6730
N. MAIN, BAYTOWN, TEXAS
a. Consider an ordinance for the second and final reading of 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, located approximately 2000
feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main
Street.
City Manager Leiper presented the agenda item and stated that on July 10, 2014, the City
Council approved a resolution granting the annexation petition. He stated that the City Council
held two public hearings for this item on September 25, 2014. He stated that the first reading was
held on October 23, 2014, and published in the Baytown Sun on October 28, 2014. He further
stated that Council considers an ordinance placing this property into City Council District No. 4
at the present meeting.
A motion was made by Council Member Terry Sam and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 12,684. The vote was made by a show of raising their right
hands
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November 17, 2014
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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: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,684
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
0.178 ACRES OF LAND SITUATED IN THE WILLIAM C. AND CHARLES
BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS,
APPROXIMATELY 2000 FEET SOUTH OF INTERSTATE 10, NORTHEAST
OF THE INTERSECTION OF HUNT ROAD AND NORTH MAIN STREET,
WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
b. Consider an ordinance placing approximately 0.178 acres of land situated in the
William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located
approximately 2,000 feet south of Interstate 10, northeast of the intersection of Hunt Road
and North Main Street into City Council District No. 4.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving Ordinance No. 12,705. 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: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 0.178 ACRES OF LAND SITUATED
IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY. ABSTRACT
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November 17, 2014
Page 9 of 27
1562, HARRIS COUNTY, TEXAS, APPROXIMATELY 2000 FEET SOUTH
OF INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT
ROAD AND NORTH MAIN STREET TO COUNCIL DISTRICT NO. 4;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
C. Conduct a public hearing concerning a proposed amendment to the official zoning
map for approximately 0.178 acres area out of Lot 27, Block 19 of the Highland Farms
Subdivision Plat, Harris County, Texas, and said parcel being out of the William C. and
Charles Boswell Survey; located at 6730 North Main Street, which is generally east of
North Main Street approximately 2,000 feet south of Interstate 10; from Open
Space /Recreation (OR) to General Commercial (GC).
At 7:50 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map for approximately 0. 178 acres area out of Lot 27, Block
19 of the Highland Farms Subdivision Plat, Hams County, Texas, and said parcel being out of
the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is
generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open
Space/Recreation (OR) to General Commercial (GC).
City Manager Leiper stated that this area was just considered in a previous item for annexation
and approved to be zoned as open space recreation. He staled that this is the final piece of a
larger tract that is being developed as a Bread Distribution Center and that the majority of this
tract was already within the city limits and zoned GC.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:51
P.M.
d. Consider an amendment to the official zoning map for approximately 0.178 acres
out of Lot 27, Block 19 of the Highlands Farms Subdivision, Baytown, Harris County,
Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at
6730 North Main Street, which is generally east of North Main Street approximately 2,000
feet south of Interstate 10; from Open Space /Recreation (OR) to General Commercial
(GC).
A motion was made by Council Member Terry Sam and seconded by Council Member David
McCartney approving Ordinance No. 12,706. 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: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,706
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November 17, 2014
Page 10 of 27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 0.178 ACRES OF LAND
SITUATED IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY,
ABSTRACT 1562, HARRIS COUNTY, TEXAS, BEING OUT OF LOT 27,
BLOCK 19 OF THE HIGHLAND FARMS SUBDIVISION PLAT, HARRIS
COUNTY, TEXAS, LOCATED APPROXIMATELY 2000 FEET SOUTH OF
INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT ROAD
AND NORTH MAIN STREET, FROM AN OPEN SPACE /RECREATION (OR)
DISTRICT TO A GENERAL COMMERCIAL (GC) DISTRICT;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
PROPOSED ORDINANCES
a. Consider an ordinance authorizing the Seventh Amendment to the Collective
Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International
Association of Firefighters Local 1173 to add Article 34 "Reappointment' to provide for
the reappointment of firefighters under certain conditions.
City Manager Leiper presented the agenda item and stated that state law allows the City's Civil
Service Commission to adopt rules to allow a police officer who voluntarily resigns from the
department to be reappointed without taking another departmental entrance exam. He stated
that state law does not provide the same opportunity for the reappointment of
firefighters; therefore, this Seventh Amendment to the CBA adds a new article to afford the same
opportunity for firefighters. He stated that the collective bargaining teams of the City and the
Union reviewed and tentatively agreed on the terms of this Seventh Amendment at its meeting
held on October 22, 2014. Additionally, he stated that the amendment was approved by the
Union on October 26, 2014.
A motion was made by Council Member Terry Sam and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 12,707. 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: None
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November 17, 2014
Page 11 of 27
Other: Mayor Pro Tem Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,707
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SEVENTH 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.
b. Consider an ordinance authorizing a Professional Service Agreement with Midtown
Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project.
City Manager Leiper presented the agenda item and stated that the contract is for the amount of
$216,940.00, for a complete reconstruction of one block of Texas Avenue from Gaillard Street to
Ashbel Street and will include all new utilities, pavement, widened sidewalks, street lamps and
benches, and decorative pavestone sections in accordance with the Downtown Master Plan.
Additionally, he stated that this project will include the revitalization of a vacant lot east of
Texas Avenue between Ashbel Street and Gaillard Street, also known as, Town Square with two
small prefabricated buildings, sidewalks, lawn, fountain, and a seasonal ice rink.
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving Ordinance No. 12,708. 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 Sam, Council Member Chris Presley
Nays: None
Other: Mayor Pro Tom Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,708
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH MIDTOWN ENGINEERING, LLC, FOR THE TEXAS AVENUE
STREETSCAPE - PHASE II AND TOWN CENTER PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED SIXTEEN THOUSAND NINE
HUNDRED FORTY AND N01100 DOLLARS ($216,940.00); MAKING
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November 17, 2014
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OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Professional Service Agreement with Kimley-
Horn and Associates, Inc., for surveying and environmental services, preliminary
design, and right -of -way services for the San Jacinto Boulevard Extension Project.
City Manager Leiper presented the agenda item and stated that this contract is in an amount not
to exceed $418,500.00, for the preliminary design and right -of -way project provided by
remaining 2007 Street Bond funds. He stated that construction will be funded by a combination
of developer contributions, the TIRZ and City CO and GO bonds, and possibly the County. He
further stated that the preliminary roadway design and existing property and proposed right -of-
way information in preparation for the future San Jacinto Blvd extension project starts at IH -10
Eastbound frontage road and ends at the intersection of West Cedar Bayou - Lynchburg
Road. Additionally, he stated that the County has agreed to add San Jacinto Blvd as a TIRZ
eligible project.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,709. 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 Saint, Council Member Chris Presley
Nays: None
Other: Mayor Pro Tem Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY -HORN AND ASSOCIATES, INC., FOR THE SAN JACINTO
BOULEVARD EXTENSION PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED
EIGHTEEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS
($418,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapter 66 "Offenses," Article 111 "Controlled
Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit
synthetic substances; regulating the display and package labeling of herbal incense; and
declaring certain conduct to be unlawful.
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November 17, 2014
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City Manager Leiper presented the agenda item and stated that staff has been working on a
revised ordinance to address concerns regarding this item.
Ms. Deanie King, Legal Attorney for the City of Baytown, presented information regarding the
amendment of the Controlled Substance Ordinance. She reviewed information from reports
obtained from City records and stated that since January of 2013 through December of 2014,
there's been a significant increase in incidents involving the use of synthetic substances in the
City of Baytown. She stated that the synthetic substance contributes to various types of
crimes. She stated that the proposed amended ordinance: adds all the currently known chemicals
that are used in synthetic "marijuana "; adds product and trade names of commonly sold
synthetic "marijuana"; add a new offense of failure to display herbal incense and offering
herbal incense for sale without listing all active ingredients; provides a penalty fine up to $2,000;
and adds each individual package a separate offense. She stated that the amendment also
includes: a list of substances that were not previously listed, therefore could not be used as a
charge, as well as, a list of those that have come out in the Texas registry; a list of compounds
and chemicals banned in other states and countries; the Senate Bill 173; and anything that she
felt was not listed in the Senate Bill 173 file.
Amber Burns, Teresa Hoffart, Emily Bauer, Tonya Bauer, Sabrina Cullum, Shari Odom, and
Christopher Fox all registered to speak before Council regarding agenda item 6.d.
Emily Bauer stated that she's 18 years and that she was from Cypress. She stated that December
07, 2012 she had five (5) strokes from smoking synthetic marijuana. Due to Emily currently not
being able to read or write, Tonya Bauer, Emily's mother, read a speech from Emily. Mrs. Bauer
stated that Emily's note included her having the strokes, to being on life support, to coming out
an induced coma, to going through therapy to learn how to walk, talk, and swallow. Mrs. Bauer
stated that Emily suffered an extreme brain injury and is partially blind, unable to read and is
completely paralyzed.
Amber Burns stated that she works for the Bay Area Council on Drugs and Alcohol as the
coordinator for the Southeast Harris Community Coalition. Ms. Boras stated that synthetic
marijuana is becoming an epidemic and is increasing rapidly. She stated that synthetic marijuana
is one of the most devastating addictions that she's witnessed and that she's in favor of Council
approving the amended ordinance.
Teresa Hoffart, Founder of SOS, Sabrina Cullum, and Christopher Fox stated that they are all in
favor of Council approving the amended ordinance.
In summary Shari Odom stated that synthetic marijuana had a negative impact on her family.
Council Member McCartney recommended that bath salt be included in this amendment. Mrs.
King stated that the bath salt is in a separate group and what she's been told by the police
department is that the effort that Council made previously has eliminated the bath salt issue in
Baytown.
Council Member Sam inquired about the process it takes to keep up with the new substances that
City Council Special Meeting Minutes
November 17, 2014
Page 14 of 27
arise. Ms. Icing stated that once made aware of the substance, it would have to be lab tested
which takes a long time.
Mayor DonCarlos stated with consensus of Council that each violation is prosecuted to the
fullest.
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,710. 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: None
Other: Mayor Pro Tent Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,710
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 66 "OFFENSES," ARTICLE III
"CONTROLLED SUBSTANCES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO EXPAND THE PROHIBITION OF ILLICIT
SYNTHETIC SUBSTANCES, TO REGULATE THE DISPLAY AND
PACKAGE LABELING OF HERBAL INCENSE; AND TO DECLARE
CERTAIN CONDUCT TO BE UNLAWFUL; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
e. Consider an ordinance authorizing the City Manager to negotiate and execute one
or more contracts for the emergency repairs to the 30 -inch steel force main located 800 feet
west of the intersection of Lee drive and Market Street.
City Manager Leiper presented the agenda item and stated that the force main was recently
inspected by the City's consultant, who concluded that the main was not only severely
deteriorated but also in danger of failing. He stated that Ordinance No. 12,711 (1) declares an
emergency, (ii) authorizes the City Manager to enter into contract(s) to take the necessary
preventative action to preserve and protect the public health, safety, and welfare, and (iii)
authorizes expenditures of up to $200,000 for the needed repairs.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving Ordinance No. 12,711. The vote was as follows:
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November 17, 2014
Page 15 of 27
Ayes: Mayor Stephen DonCulos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ONE OR MORE CONTRACTS FOR EMERGENCY REPAIRS OF
APPROXIMATELY 40- LINEAR FEET OF THE 30 -INCH STEEL FORCE
MAIN PIPE AERIAL CROSSING ALONG MARKET STREET AT THE
HARRIS COUNTY FLOOD CONTROL DISTRICT CHANNEL LOCATED
APPROXIMATELY 800 FEET WEST OF THE INTERSECTION OF LEE
DRIVE AND MARKET STREET; AUTHORIZING PAYMENT IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO 1100
DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
E Consider an ordinance authorizing granting a variance from the distance
requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of
Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December
06, 2014; and exempting such event from the application of the City's Peddlers and
Solicitors' Ordinance.
City Manager Leiper presented the agenda item and stated that the Annual Christmas on Texas
Avenue will be held December 06, 2014, from 10:00 A.M. to 6:00 P.M., between Pruett and
Commerce Streets.
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving Ordinance No. 12,712. 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: None
Other: Mayor Pro Tem Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,712
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November 17, 2014
Page 16 of 27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND
SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION
42 -286 `PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR
ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS
ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE
REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT ART
LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON
TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS
AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND
RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing a contract with the Greater Houston Football
Coaches Association for advertising services related to the 2015 Bayou Bowl and
authorizing additional funds for state -wide advertising of the Bayou Bowl and the City of
Baytown.
City Manager Leiper presented the agenda item and stated that the 2015 Bayou Bowl will
be back in Baytown and Ordinance No. 12,713 authorizes $ 10,000 through HOT funds to the
Greater Houston Football Coaches Association for televising the game along with at least four
advertising spots showcasing the many amenities the City of Baytown has to offer. He further
stated that an additional $10,000 will be used by the Baytown Tourism Office for state -wide
advertising prior to the game to encourage visitors to come to Baytown for the game and to stay
and play.
Dick Olin registered to speak before Council regarding agenda item 6.g. to answer any questions
related to the Bayou Bowl.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,713. 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: None
Other: Mayor Pro Tent Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,713
City Council Special Meeting Minutes
November 17, 2014
Page 17 of 27
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 AGREEMENT FOR
ADVERTISING SERVICES FOR THE 2015 BAYOU BOWL WITH THE
GREATER HOUSTON FOOTBALL COACHES ASSOCIATION;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TEN
THOUSAND AND NO /100 DOLLARS ($10,000.00); AUTHORIZING AN
ADDDITIONAL AMOUNT NOT TO EXCEED TEN THOUSAND AND
NO /100 DOLLARS ($10,000.00) FOR STATE -WIDE ADVERTISING PRIOR
TO THE 2015 BAYOU BOWL TO ENCOURAGE VISITORS TO COME TO
BAYTOWN FOR THE GAME AND TO STAY AND PLAY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7.
a. Consider approving a resolution nominating Bayer MaterialScience LLC to the
Office of the Governor, Texas Economic Development Bank, for designation as a qualified
business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.
City Manager Leiper presented the agenda item and stated that Bayer MaterialScience LLC
(BMS) intends to invest approximately $550 million in the next five (5) years for upgrades,
repairs, and maintenance of its Baytown manufacturing facility. He stated that the capital
improvement projects are primarily focused on increasing manufacturing capacity and
efficiency, as well as, improving safe operation of the production units. He stated that as a result
of the capital investment being made, BMS respectfully requests to receive job retention benefits
under the Texas Enterprise Zone Program. City Manager Leiper stated that the Baytown facility
currently employs over 1,000 employees with a annual payroll of more than $98
million. He stated that under this program, BMS will create 210 new full -time jobs with an
annual payroll of over $20 million, while retaining the existing full -time jobs. He further stated
that the new and retained jobs will have average weekly wages significantly exceeding the
average wages for Chambers County and will be accompanied by extensive employee benefits.
City Manager Leiper stated that additionally, BMS will continue to participate and provide
funding for community outreach activities. He stated that Bayer created a STEM (science,
technology, engineering, math) education program with the Wetlands Center and school district
and has allocated $400,000 to train science and math teachers. He stated that Bayer is a sponsor
for the Mayor's Summer Youth Program for at -risk youth providing on-the-job training, school
supplies, and valuable skill training sessions. He further stated that Bayer employees also serve
the community through voluntary leadership and benevolent outreach, along with annual
contributions exceeding $430,000 to the United Way and other local charities.
City Manager Leiper stated that the Texas Local Government Code allows a project or activity of
a qualified business to be designated as an Enterprise Project and receive job retention benefits if
City Council Special Meeting Minutes
November 17, 2014
Page 18 of 27
the business has clearly demonstrated that "the business is able to employ individuals in
accordance with Section 2303.402." He stated that BMS qualifies for job retention benefits under
this statutory provision because a significant portion of the Baytown area qualifies as an
enterprise zone and BMS commits that thirty -five percent (35 %) of the new employees hired will
be residents of an enterprise zone or economically disadvantaged individuals over the five (5)
year Enterprise Project designation period.
A motion was made by Council Member Terry Sain and seconded by Council Member Brandon
Capetillo approving Resolution No. 2332. 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: None
Other: Mayor Pro Tom Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 2332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING BAYER MATERIALSCIENCE LLC, TO THE
OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND
TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR
DESIGNATION AS A QUALIFIED BUSINESS AND A TRIPLE JUMBO
ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE
PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER
2303, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution to support the activities of the Texas Coast Utilities Coalition
of Cities and other similarly situated coalition of municipalities in proceedings before the
Railroad Commission of Texas and the Texas Legislature related to the City's authority to
effectively review and regulate rates.
City Attorney Ignacio Ramirez presented the agenda item and stated that Resolution No.
2333 supports the activities of the Texas Coast Utilities Coalition of Cities in proceedings before
the Railroad Commission of Texas and the Texas Legislature. He stated that the City of Baytown
has been involved with this for years, as it allows the City to review gas utility rates and approve
or not approve them. He stated that they are always appealed and brought before the railroad
commission who makes the decision. He stated that there were some rules proposed to take away
the authority that the city would have, therefore the coalition is requesting assistance from
the city to help fight against the rules. Additionally, he stated that the City's portion of the fees is
estimated to be about $8,000.
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November 17, 2014
Page 19 of 27
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Resolution No. 2333. 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 Sam, Council Member Chris Presley
Nays: None
Other: Mayor Pro Tern Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 2333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AUTHORIZING THE CITY'S PARTICIPATON IN A COALITION OF
SIMILARLY SITUATED CITIES IN PROCEEDINGS BEFORE THE
RAILROAD COMMISSION OF TEXAS AND THE TEXAS LEGISLATURE
RELATED TO THE CITY'S AUTHORITY TO EFFECTIVELY REVIEW AND
REGULATE UTILITY RATES; MAKING OTHER FINDINGS AND
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member
Brandon Capetillo approving the consent agenda items 8.a. through 8.p. 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: None
Other: Mayor Pro Tom Mercedes Renteria III (Absent)
Approved
a. Consider an ordinance authorizing the purchase of rive (5) 2015 Freightliner trucks
for the Public Works Department through Houston - Galveston Area Council (H -GAC).
ORDINANCE NO. 12,714
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED SIXTY-
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November 17, 2014
Page 20 of 27
FOUR THOUSAND THREE HUNDRED FIFTY -FIVE AND NO /100
DOLLARS ($564,355.00) TO HOUSTON FREIGHTLINER, INC., THROUGH
THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF
FIVE (5) 2015 FREIGHTLINER TRUCKS FOR THE PUBLIC WORKS
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the purchase of sixteen (16) mobile digital video
recording devices, all necessary workstation /servers, software /hardware, and
installation/configuration services for the Police Department through Department of
Information Resources (DIR).
ORDINANCE NO. 112,715
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF EIGHTY -FOUR THOUSAND SEVEN
HUNDRED SIXTEEN AND NO /100 DOLLARS ($84,716.00) TO COBAN
TECHNOLOGIES, INC., FOR SIXTEEN (16) MOBILE DIGITAL VIDEO
RECORDING DEVICES, ALL NECESSARY WORKSTATION /SERVERS,
SOFTWARE/HARDWARE, AND INSTALLATION /CONFIGURATION
SERVICES FOR THE POLICE DEPARTMENT THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the purchase of seventy (70) Dell computers for
Houston HIDTA through the Department of Information Resources (DIR).
ORDINANCE NO. 12,716
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SIXTY -SIX THOUSAND EIGHTY -
THREE AND 501100 DOLLARS ($66,083.50) TO DELL MARKETING L.P.,
FOR SEVENTY (70) DELL COMPUTERS FOR HOUSTON HIGH
INTENSITY DRUG TRAFFICKING AREA THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the purchase of thirty -one (31) Panasonic CF -53
Mobile Digital Terminals for the Police Department through Department of Information
Resources (DIR).
ORDINANCE NO. 12,717
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
City Council Special Meeting Minutes
November 17, 2014
Page 21 of 27
AUTHORIZING THE PAYMENT OF EIGHTY -SEVEN THOUSAND ONE
HUNDRED SIXTY -THREE AND 32/100 DOLLARS ($87,163.32) TO COW
GOVERNMENT LLC, FOR THIRTY -ONE (3 1) PANASONIC CF -53 MOBILE
DIGITAL TERMINALS FOR THE POLICE DEPARTMENT THROUGH THE
TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton
Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police
Department, through a cooperative purchasing agreement with Tarrant County; along
with the purchase and installation of emergency equipment for the new vehicles from Fleet
Safety Equipment, Inc., through the BuyBoard.
ORDINANCE NO. 12,718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED FORTY -
FOUR THOUSAND FIVE HUNDRED FORTY -SIX AND 94/100 DOLLARS
($745,746.94) TO RELIABLE CHEVROLET, INC., FOR THE PURCHASE OF
ONE (1) 2015 CHEVROLET 1/2 TON CREW CAB AND SIXTEEN (16) 2015
TAHOE TRUCKS FOR THE POLICE DEPARTMENT, THROUGH A
COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY
AND FOR THE PURCHASE AND INSTALLATION OF EMERGENCY
EQUIPMENT FOR THE NEW VEHICLES FROM FLEET SAFETY
EQUIPMENT, INC., THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
L Consider an ordinance authorizing a cooperative purchasing agreement with the
City of Garland.
ORDINANCE NO. 12,719
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 COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF GARLAND; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance prescribing the number of positions in each classification in
"Service Group - Fire."
ORDINANCE NO. 12,720
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November 17, 2014
Page 22 of 27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
It. Consider amending Ordinance No. 12,421 to prescribe the number of positions in
the classification "Service Group - Police."
ORDINANCE NO. 12,721
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING ORDINANCE NO. 12,421 PRESCRIBING THE
NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP —
POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION AND TO INCLUDE THE POSITIONS CREATED IN THE
FY2014 -15 BUDGET; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
I. Consider an ordinance authorizing an Interlocal Agreement with the Baytown
Municipal Development District for the funding of property acquisition costs related to the
San Jacinto Boulevard Project.
ORDINANCE NO. 12,722
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
FUNDING OF PROPERTY ACQUISITION COSTS RELATED TO THE SAN
JACINTO BOULEVARD PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing an Industrial District Agreement with NRG
Cedar Bayou Development Company, LLC, and Opfun Energy Cedar Bayou 4, LLC.
ORDINANCE NO. 12,723
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 NRG CEDAR BAYOU DEVELOPMENT COMPANY,
LLC, AND OPTIM ENERGY CEDAR BAYOU 4, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
City Council Special Meeting Minutes
November 17, 2014
Page 23 of 27
k. Consider an ordinance authorizing a development agreement with dSS Acquisition,
LLC.
ORDINANCE NO, 12,724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT WITH 1SS
ACQUISTITION, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
1. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks
Harbor Road Improvement Project and the release of retainage to Angel Brothers
Enterprises Ltd.
ORDINANCE NO. 12,725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BAY OAKS HARBOR ROAD IMPROVEMENT
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY -
FOUR THOUSAND TWO HUNDRED NINE AND 76/100 DOLLARS
($74,209.76) TO ANGEL BROTHERS ENTERPRISES LTD, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
M. Consider an ordinance authorizing the purchase of Trimble Survey Equipment
from Martin Instrument, Inc., through the Department of Information Resources (DIR).
ORDINANCE NO. 12,726
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND THREE
HUNDRED SEVENTY -ONE AND 42/100 DOLLARS ($52,371.42) TO
MARTIN INSTRUMENT, INC., FOR TRIMBLE SURVEY EQUIPMENT FOR
THE ENGINEERING DEPARTMENT THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Consider an ordinance awarding a construction contract and Change Order No. 1
for the Annual Waterline Rehabilitation Project to SKE Construction.
ORDINANCE NO. 12,727
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE
ANNUAL WATERLINE REHABILITATION PROJECT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
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November 17, 2014
Page 24 of 27
AND ATTEST TO A CONTRACT WITH SKE CONSTRUCTION, LLC, FOR
THE ANNUAL WATERLINE REHABILITATION PROJECT;
AUTHORIZING CHANGE ORDER NO. I WITH SKE CONSTRUCTION,
LLC, FOR SAID PROGRAM; AUTHORIZING TOTAL PAYMENT NOT TO
EXCEED THE SUM OF EIGHT HUNDRED FOUR THOUSAND SEVEN
HUNDRED FIFTY -SIX AND 25/100 DOLLARS ($804,756.25); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing payment to Harris County for radio airtime.
ORDINANCE NO. 12,728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS
($150,000.00) TO HARRIS COUNTY FOR ITS RADIO AIRTIME LEASE FOR
THE PERIOD COMMENCING ON OCTOBER 1, 2014, AND ENDING
SEPTEMBER 30, 2015; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
P. Consider an ordinance approving the payment of the Texas Commission on
Environmental Quality fee for the City's four (4) wastewater treatment plants.
ORDINANCE NO. 12,729
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE
HUNDRED THIRTY -TWO THOUSAND ONE HUNDRED FIFTY -SIX AND
NO /100 DOLLARS ($132,156.00) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED
WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER
TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
9. APPOINTMENTS
a. Consider rive (5) appointments to the Sign Committee
City Manager Leiper presented the agenda item to consider the three (3) reappointments of Chet
Theiss, Steve Starett, and Al Busch and the appointment of Lucio Ortiz to the Sign Committee.
He stated that the position is still vacant for the Sign Company.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C, Hoskins approving the reappointments of Chet Theiss, Steve Starett, and Al Busch and
the appointment of Lucio Ortiz to the Sign Committee. The vote was as follows:
City Council Special Meeting Minutes
November 17, 2014
Page 25 of 27
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: None
Other: Mayor Pro Tent Mercedes Renteria III (Absent)
Approved
b. Consider four (4) appointments to the Planning and Zoning Commission.
City Manager Leiper presented the agenda item to consider four (4) appointments to the Planning
and Zoning Commission. City Manager Leiper nominated Donna Winfrey - Vamer, Council
Member McCartney nominated Spencer Carnes, Council Member Sam nominated Pete Cote, and
Council Member Presley nominated Ben Bowl to the Planning and Zoning Commission.
A motion was made by Council Member Terry Sam and seconded by Council Member Chris
Presley approving the four (4) appointments of Donna Winfrey-Varner, Spencer Cannes, Pete
Cote, and Ben Bowl to the Planning and Zoning Commission. 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: None
Other: Mayor Pro Tern Mercedes Renteria Ill (Absent)
Approved
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect that the City seeks to have stay or expand in the City and with which the
City is conducting economic development negotiations.
At 8:45 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect that the City seeks to have stay or expand in the City and with
which the City is conducting economic development negotiations.
At 9:07 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.
City Council Special Meeting Minutes
November 17, 2014
Page 26 of 27
11. MANAGER'S REPORT
a. Receive the 2014 Annual Progress Report of the flood related initiatives portion of
the All Hazard Mitigation Plan.
City Manager Leiper presented all present board members with the 2014 Annual Progress Report
of the flood related initiatives portion of the City of Baytown's All Hazard Mitigation Plan, m
required for the Community Rating System.
b. The Annual Baytown Christmas Parade is scheduled to start at 6:30 p.m.,
Thursday, December 4, 2014, at Market Street in front of Bicentennial Park.
City Manager Leiper stated that the 2014 Baytown Christmas Parade is scheduled for Thursday,
December 04, 2014, at 6:30 P.M.
C. The 48th Annual Art Show and Reception will be held at the Baytown Community
Center on Friday, December 05, 2014, at 7:00 P.M.
City Manager Leiper stated that the 48th Annual Art Exhibition and Reception is scheduled
for Friday, December 05, 2014, at 7:00 P.M., and awards will be presented to professional and
student winners. He stated that the Artwork will be accepted November 17th through 21 st, and
be judged on Tuesday, November 25th.
d. Present the new emergency evacuation and animal adoption trailer for the Health
Department.
City Manager Leiper stated that the new emergency evacuation and animal adoption trailer was
made possible by an ASPCA grant, citizen donations, and general fund capital funds and was on
display outside of city hall for public viewing and quick tours.
e. City of Baytown Offices will be closed on Thursday, November 27th and Friday,
November 28th, 2014, in observance of the Thanksgiving Holiday.
City Manager Leiper stated that the City of Baytown Offices will be closed on Thursday,
November 27th and Friday, November 28th, 2014, in observance of the Thanksgiving Holiday.
L Reminder of the last scheduled City Council meeting for 2014.
City Manager Leiper stated that the last City Council meeting for 2014, is scheduled for
Thursday, December 11, 2014, at 6:30 P.M. He stated that preceding the meeting at 6:00 P.M., a
reception for the newly re- elected council members for Districts 4, 5 and 6 will take place in the
City Hall reception area. Additionally, he stated that the City provided 3,336 cards for troops this
year.
Mayor DonCarlos stated that the Harris County Mayor's Council Association is scheduled to
meet on Thursday, November 20, 2014 at Monument Inn.
City Council Special Meeting Minutes
November 17, 2014
Page 27 of 27
12. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Chris
Presley adjourning the November 17, 2014, City Council Special Meeting. 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: None
Other: Mayor Pro Tom Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the November 17,
2014, City Council Special Meeting at 9:12 P.M.
5..
Le icia Brysch, City Clerk
City of Baytown \
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