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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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes November 17, 2014 Page 3 of 27 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: City Council Special Meeting Minutes 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: City Council Special Meeting Minutes November 17, 2014 Page 5 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 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes November 17, 2014 Page 8 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 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes November 17, 2014 Page 12 of 27 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. City Council Special Meeting Minutes November 17, 2014 Page 13 of 27 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: City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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. City Council Special Meeting Minutes 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- City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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 City Council Special Meeting Minutes 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 \ 9S "