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2014 12 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11. 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 11, 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 Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the December 11, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. SWEARING -IN CEREMONY a. Administer the oaths of office to William "Terry" Sain, Council Member District No. Four; Robert C. Hoskins, Council Member District No. Five; and David McCartney, Council Member District No. Six. City Clerk, Leticia Brysch administered the oath of office to Council Member William "Terry" Sain, District No. Four; Mr. Don Coffey administered the oath of office to Council Member Robert C. Hoskins, District No. Five; and Mayor DonCarlos administered the oath of office to Council Member David McCartney, District No. Six. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Michael Hathaway requests to address Council regarding the need for more officer presence on the east side of Baytown. Mr. Hathaway was not present. CC Regular Meeting Minutes December 11, 2014 Page 2 of 30 b. The Chief of Police presents the Life Saving Award to Officer Lee Edmondson, Officer Nathan Brown and Officer John Almendarez for rescuing a citizen from the outside rail of the Fred Hartman Bridge. Chief Dougherty presented the Life Saving Award to Officer Nathan Brown and Officer John Almendarez. Officer Lee Edmondson was not present but was recognized. C. The Chief of Police presents the Distinguished Service Cross to Officer Kelvin Chenevert for service on September 26, 2014, responding to a reported robbery. Chief Dougherty presented the Distinguished Service Cross to Officer Kelvin Chenevert. d. 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 yews). 10 Years: Miguel Guerrero - Firefighter Paramedic 15 Years: Yvonne Gutierrez - Fire / EMS Administrative Coordinator 20 Years: Michael Fambee - Patrol Officer Derrick Gaskin - Fire Battalion Chief 25 Years: Minh Kotlarz - Parks & Recreation Foreman 3. REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS a. Conduct a public hearing relating to (i) the extension of the term of Reinvestment Zone No. One, City of Baytown, Texas (the "Zone "); (ii) the exclusion and addition of properties within the Zone; (iii) the Zone's benefits to the City and to the property within the Zone; and (iv) the adoption of an amendment to the Project Plan and Reinvestment Zone Financing Plan for the Zone. Al 6:59 P.M., Mayor DonCarlos opened and conducted a public hearing relating to (i) the extension of the term of Reinvestment Zone No. One, City of Baytown, Texas (the "Zone "); (ii) the exclusion and addition of properties within the Zone; (iii) the Zone's benefits to the City and to the property within the Zone; and (iv) the adoption of an amendment to the Project Plan and Reinvestment Zone Financing Plan for the Zone. CC Regular Meeting Minutes December 11, 2014 Page 3 of 30 City Manager Leiper stated that there are four components to the revisions of the Tax Increment Reinvestment Zone No. One, City of Baytown, which are as follows: 1) the exclusion of the 110 acres of San Jacinto Mall from the TIRZ; 2) adds 45 acres plus the future San Jacinto Blvd. ROW to the TIRZ; 3) Extends the term of the TIRZ to the end of 2045; and adds the construction of San Jacinto Blvd. as an eligible TIRZ project. He stated that the malls value is lower than its value on creation in 2001; therefore the lower value is creating negative increment penalizing the developers who have made investments in the zone. He stated that the mall and any redevelopment of actual mall property is not likely to require TIRZ involvement so the removal of the zone will not negatively impact that potential, but rather it provides the City the ability to use tax abatement as an incentive for potential development. He stated that on November 11, 2014, the board of directors of the zone passed a resolution requesting city council to exclude this land from the zone boundaries on that basis. He stated that the request is to extend the term of the zone to 2045 and that extending the term allows the City to use debt to repay the developers and do more public benefit projects. He further stated that on December 02, 2014, the board passed a resolution to add 45 acres to either side of the future Hunt Road up next to John Martin to have continuous area in the TIRZ on either side of Hunt Road to facilitate that roadway being constructed and also add right -of -way to the future San Jacinto Boulevard where it's outside of the zone. Additionally, he stated that the amendment is to incorporate the three (3) previous proposed changes and to add the construction of San Jacinto Boulevard as a TIRZ eligible project. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:01 P.M. It. Consider an ordinance excluding the San Jacinto Mall from Reinvestment Zone Number One, City of Baytown, Texas (the "Zone "), including land within the Zone, extending the term of the Zone, and approving an amendment to the Project Plan and Reinvestment Zone Financing Plan of the Zone. Council Member Presley slated that during other discussions regarding TIRZ, he recalls excluding the mall which he's in favor of, but he doesn't remember a discussion to include 45 acres. He further stated that when doing the Empowerment Zone there were numerous discussions regarding the boundaries. He stated that there's plenty development in this area and the theory of the TIRZ is to offer the incentives where development wouldn't otherwise occur. He stated that adding the additional acres should've been a separate discussion item instead of automatically being included. For clarification, City Manager Leiper stated that being in the TIRZ is not an incentive for the developer building on the tract. He stated that the purpose of the TIRZ is to allow the City to get increment and that the property owners in the TIRZ pay 100% of their accessed ad valorem values. He stated that the mall in or out of the TIRZ has no impact on the owners property tax bill. He further stated that construction on Hunt Road over to John Martin is about a $5.5 million project and the portion of Hunt Road that outside of the TIRZ is not going to have increment to help pay for it. He stated that adding the additional acres was not previously discussed, but when the County agreed to add it to the TIRZ, it was submitted to the TIRZ for consideration. Council Member Sam stated that the proposal to add the acres to the TIRZ was CC Regular Meeting Minutes December 11, 2014 Page 4 of 30 brought before the TIRZ committee about two weeks prior to this meeting to present to Council for consideration. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,730. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tenn Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXCLUDING LAND FROM REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS; INCLUDING LAND WITHIN THE ZONE; EXTENDING THE TERM OF SUCH ZONE; APPROVING AN AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN OF THE ZONE; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. SPECIAL USE PERMIT AND REZONING FOR RECREATIONAL VEHICLE PARK AT 4471 SH 146 AND 3410 MASSEY TOMPKINS ROAD a. Conduct a public hearing concerning the granting of a special use permit for a Recreational Vehicle Park at 4471 SH 146 and 3410 Massey Tompkins Road, legally described as Tracts 6S, 5B and 1013 out of the Christian Smith Survey, Abstract 69, Baytown, Texas, being approximately 30.9 acres of land located approximately 400 feet south of Massey Tompkins Dr., and west of SH 146. At 7:10 P.M., Mayor DonCarlos opened and conducted a public hearing concerning the granting of a special use permit for a Recreational Vehicle Park at 4471 SH 146 and 3410 Massey Tompkins Road, legally described as Tracts 6S, 5B and 1013 out of the Christian Smith Survey, Abstract 69, Baytown, Texas, being approximately 30.9 acres of land located approximately 400 feet south of Massey Tompkins Dr., and west of SH 146. City Manager Leiper stated that this public hearing is concerning a special use permit to allow for a RV Park of approximately 30.9 acres for 250 RV stands on a property that is currently zoned General Commercial (GC). He stated that an RV Park requires a special use permit prior to the issuance of building permits and the development must be over five (5) acres. He stated CC Regular Meeting Minutes December 11, 2014 Page 5 of 30 that if approved, this project will have access off both Massey Tompkins and SH 146 with the frontage along SH 146 to be used for commercial purposes. He further stated that a zoning map amendment is also requested to change the proposed area of egress and ingress off Massey Tompkins to General Commercial but is limited only to ingress and egress. He stated that the proposed layout of the RV Park will have a centralized water feature, jogging paths, club house and lots typically 40' wide and 60' long. City Manager Leiper stated that the Planning and Zoning Commission previously held public hearings on this same item on July 15th and August 19th, as well as, voted to recommend approval of the item with that submission. However, he stated that the applicant withdrew the application from consideration prior to holding a public hearing and consideration before City Council with that submission. He stated that recently, the application was resubmitted with no changes and therefore, as there were no changes to the overall concept or the specifics of this application, both public hearings on the resubmitted application were heard at their November 18, 2014, Planning and Zoning meeting. He stated that on November 18, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the following conditions: I. Request to install an acceleration and deceleration lane along SH 146 to exit and enter into the property (or equivalent depending on response from TXDOT) in lieu of a full blown Traffic Impact Analysis. 2. Ensure that the lot 3410 Massey Tompkins will be used for ingress and egress for perpetuity and that this property at no time can be built on or sustain a commercial entity. These requests will need to be placed on a recorded plat or by separate instrument. 3. The lot 3410 Massey Tompkins will plant and maintain an extensive vegetation buffer along the east and west sides of the lot to buffer the driveway from adjacent properties for perpetuity and only be used as ingress and egress to the RV park. 4. Entry to the two commercial tracts along SH146 will only gain access from the single entry drive from SH 146 minimizing additional entries and further congestion along the SH 146 corridor. 5. Additional landscaping will be provided and maintained within each RV site layout to ensure additional vegetation will be added to the property for buffering mid aesthetics. 6. Submit proposed deed restrictions regarding the restricted use and landscaping requirements on 3410 Massey Tompkins to staff to review and approve prior to recording. 7. Maintain all existing vegetation within the 20' buffers surrounding the property, except for any requirements for drainage. City Manager Leiper stated that after hearing additional information about the project, staff recommends the following conditions be added to the special use permit: 1. Ensure that the approved deed restrictions be recorded, ran with the land, and not be amended in a manner inconsistent with the SUP; 2. Provide and maintain a minimum 8 foot opaque fence surrounding the RV development; and CC Regular Meeting Minutes December 11, 2014 Page 6 of 30 3. Require that the commercial development along the frontage of SH 146 (i) be no smaller than 5 acres in size and (ii) not be used as part of the RV park development except for an entrance driveway into the RV Park. Greg Angel, Gary Angel, RD Burnside, Michael Bell, David Carr, Bill Daley Sr., Chris Hrabina, Kelly Benoit, Bridget Garza, Amy Glasscock, Brad Benoit, Anita Jackson, Shawn McDonald, Sasuke Uchina, and Paul Barnett all registered to speak to before Council regarding agenda item 4.a. Mr. Greg Angel stated that as a developer and land owner, if the requirements of the Planning and Zoning Commission are met, Council should not make the final decision on what someone does with their land. Additionally, he inquired in regards to traffic concerns as to why were there favorable votes to having schools on the three main streets in Baytown (Garth, North Main, and Highway 146). Mr. Gary Angel slated that the standards for RV Parks were amended for a more upscale park. He stated that the developer is willing to invest in Baytown according to those standards, therefore recommends that Council considers moving forward with the project. Mr. RD Burnside stated that he's the owner of the tract and there's been no opposition to the project from the neighbors surrounding the property. He stated that there's a twenty foot setback around the entire perimeter of the property and there's an agreement to leave as much brush around the property as possible, but to clear out enough area to put an eight (8) fool fence. He stated that the property is secluded with there being no streets on the north, south, or west of it. Mr. Burnside stated that the property borders Highway 146 and that the park will not be visible from Highway 146. He stated that the signage inside the subdivision will direct traffic to use the Massey Tompkins to exit the property. He further stated that he's received a call from Chevron Phillips requesting to prelease the park for their workers and that ExxonMobil has given him recommendation letters on this park as well. Mr. David Cart stated that he's not looking forward to having another Trailer Park on Highway 146 and that there should be a development plan for things needed on Highway 146. Mr. Bill Daley Sr. stated that there are many RV Parks on Massey Tompkins and recommended that Council not move forward with approving the RV Park at this time. Mr. Chris Hrabina stated that he has a business next to the proposed property and recommended that Council make a decision as to whether or not RV Parks on Highway 146 should be allowed to alleviate wasting people's time and resources. Kelly Benoit, Bridget Garza, and Amy Glasscock all delegated their speaking time to Mr. Brad Benoit. Mr. Brad Benoit stated that Council made a decision to not move forward with approving a special use permit for an RV Park off of Highway 146 based on the consideration of the same concerns and issues that this proposed special use permit has. He stated that this application CC Regular Meeting Minutes December 11, 2014 Page 7 ot30 doesn't meet the requirements of the Unified Land Development Code that addresses special use permit and that there's no tract record for this type of upscale RV Park; therefore the granting of this permit should be denied. Ms. Anita Jackson stated that her major concern regarding this project was with the traffic flow and requested that there be much thought regarding the traffic congestion with regards to this project. Mr. Shawn McDonald stated that he is in favor of the project and stated that something has to be done about the traffic on Highway 146. Sasuke Uchina was not present to speak. Mr. Michael Bell presented an overview of what the community of this project will be like. He stated that along Highway 146 there will be a restaurant and retail center with upscale landscaping. He stated that once you enter into the area of the esplanade you will travel towards the back. He stated that to the left will be the restaurant and to the right will be the retail center. He further stated that as you pass through the retail center there will be a row of trees then access to the gated community. He stated that the community will include jogging trails, a community center, a take with fountain, and an entertainment pavilion. He stated that there is a 20 foot setback that will be at least 8 feet tall and will surround the entire community. He stated that there will be about 40 feet of vegetation between the community and the school. Mr. Bell stated that the people in the community are paying upscale rates with the average rent being $600. He staled that his other parks are 60% occupied by retired people that live there permanently. Mr. Paul Barnett chose not to speak. During further discussion, Council Member Presley asked Mr. Bell if any portion of the retail was preleased. In response to Council Member Presley's question, Mr. Bell stated that there's no prelease as of yet. Additionally, Council Member Presley asked Mr. Benoit if he was the same person that advocated wnverting the church into a restaurant in a residential subdivision regarding another rezoning case and if so how would he reconcile that. In response to Council Member Presley's question, Mr. Benoit stated that his brother was the person in that case and that that the case was a different situation. Council Member McCartney stated that the only time Council should overturn the decision made by the Planning and Zoning Commission is if it has major negative impact on the community. Mayor DonCarlos requested that the principal of Stephen F. Austin, which is the school next to the proposed project, present her views on the project. The principal stated that she wouldn't say that she is for the project but wants whatever is being developed to be great because of it being close to the back of a great school. She further stated that she has concems regarding the traffic from the school on Massey Tompkins and on Highway146, as well as, the concerns of the RV Park tenants looking into the back windows of the school. Council Member Hoskins stated that this project should not be located on the northeast side of town and that he's in favor of an ordinance banning more RV parks on Highway 146. CC Regular Meeting Minutes December 11, 2014 Page 8 of 30 Council Member Presley stated that he supports the RV Park with certain conditions in addition to staffs recommendation, such as additional green space and limited number of spaces. Mayor DonCarlos stated that he expects that if Council approves this project that the vegetative buffer be a solid wall of greenery that can't be seen through and that the developer carries through on his pledge to screen the applicants of the RV Park. Mayor DonCarlos closed the public hearing at 8:50 P.M. b. Consider an ordinance concerning the granting of a special use permit for a Recreational Vehicle Park at 4471 SH -146 and 3410 Massey Tompkins Road, legally described as Tracts 6S, 5B and 106 out of the Christian Smith Survey, Abstract 69, Baytown, Texas, being approximately 30.9 acres of land located approximately 400 feet south of Massey Tompkins Dr., and west of SH -146. In regards to the five (5) acres that will be set aside for retail, Council Member Presley requested that the definition of retail be clarified. Mrs. Foster stated that the term retail was used because that's what the developer requested, but that in general the term would mean anything allowed in general commercial. Mrs. Foster further read the actual definition of the term retail according to the zoning code as follows: the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who buys or rents the merchandise as the ultimate consumer end user being the last person in the chain of distribution for personal consumption or use and not for further sell or rent; the use for premises for sells to end user consumer or renting of merchandise to end user consumers including any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse club, or wholesale club whose membership is open to other institutions, government agencies, and licensed businesses. City Manager Leiper stated for clarity that the minimum five (5) acres of commercial development is considered retail not GC. Mrs. Foster further stated that there was discussion of increasing the buffer around the school to 40 feet as an added condition of the motion because the original condition was 20 feet. Additionally, City Manager Leiper stated for clarity that the motion is that staff added the requirement that the commercial development be at five (5) acres in size; commercial development to retailers its defined in the code. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Mercedes Renteria III approving Ordinance No. 12,731 as amended with stated conditions, as well as, the staff recommendations as presented. The vote by a show of raising their right hands was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tom Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: Council Member Robert C. Hoskins CC Regular Meeting Minutes December 11, 2014 Page 9 of 30 Approved A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley approving to amend the original and to add an additional requirement of a 40 foot buffer zone around the property to the school. The vote by a show of raising their right hands was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, GRANTING A SPECIAL USE PERMIT TO CEDAR GROVE PARK, LLC, FOR THE DEVELOPMENT OF A RECREATIONAL VEHICLE PARK TO BE LOCATED AT 4471 SH 146 AND 3410 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS TRACTS 6S, 5B AND 10B OUT OF THE CHRISTIAN SMITH SURVEY. ABSTRACT 69, BAYTOWN, TEXAS, BEING APPROXIMATELY 30.9 ACRES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a proposed amendment to the official zoning map for approximately 1.0 acre located at 3410 Massey Tompkins Road legally described out of the Christian Smith Survey, Abstract 69, Harris County, Texas; located west of the intersection of SH 146 and Massey Tompkins from a Mixed Residential at Low to Medium Densities (SF2) District to a General Commercial (GC) District. At 8:59 P.M., Mayor Don Carlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map for approximately 1.0 acre located at 3410 Massey Tompkins Road legally described out of the Christian Smith Survey, Abstract 69, Hams County, Texas; located west of the intersection of SH 146 and Massey Tompkins from a Mixed Residential at Low to Medium Densities (SF2) District to a General Commercial (GC) District. City Manager Leiper stated that currently this property is vacant without improvements. He stated that build out of the property will entail a 24 foot wide paved section which will act as a private driveway for the recreational vehicle park that was previously approved. He stated that as part of the requirement of the special use permit, this lot will be used in perpetuity for ingress and egress purposes only as recorded by plat or separate instrument. He further stated that staff CC Regular Meeting Minutes December 11, 2014 Page 10 of 30 only recommends this rezoning with the restrictions; which the purpose for the driveway only being for the RV Park. Brad Benoit registered to speak before Council regarding agenda item 4.c. and stated that he thought that he would be able to address agenda item 4.b., but it was already voted on. Mayor DonCarlos closed the public hearing at 9:01 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 1.0 acre out of the Christian Smith Survey, Abstract 69, Harris County, Texas, commonly known as 3410 Massey Tompkins Road, located west of the intersection of SH 146 and Massey Tompkins from a Mixed Residential at Low to Medium Densities (SF2) District to a General Commercial (GC) District. A motion was made by Mayor Pro Tent Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 12,732. The vote was made by a show of raising their right hands as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: Council Member Robert C. Hoskins Approved ORDINANCE NO. 12,732 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE FOR APPROXIMATELY 1.0 ACRE OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 69, HARRIS COUNTY, TEXAS, COMMONLY KNOWN AS 3410 MASSEY TOMPKINS ROAD, LOCATED WEST OF THE INTERSECTION OF SH 146 AND MASSEY TOMPKINS FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) 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. CC Regular Meeting Minutes December 11, 2014 Page Il of 30 5. PROPOSED ORDINANCES a. Consider an ordinance accepting the donation of an 8.6 acre tract of land located on Kilgore Road, Harris County, Texas, from Fred C. Dittman, Jr., for municipal purposes. City Manager Leiper stated that agenda item 5.a. was withdrawn. b. Consider an ordinance authorizing the Professional Services Agreement with Sirrus Engineers, Inc., for the design of John Martin Road Improvements North of IH -10 and the intersection of John Martin Road at IH -10. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,733 authorizes a Professional Services Agreement with Sirrus Engineers, Inc., in an amount not to exceed $216,051.70. He stated that the design includes widening John Martin Road, from two (2) lanes to four (4) lanes with additional center turn lanes under the IH -10 underpass; and improvements to the signal system that are necessary to handle current traffic congestion as well as the additional traffic from the anticipated growth in the area. A motion was made by Mayor Pro Tern Mercedes Renteria 111 and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,733. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capclillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH SIRRUS ENGINEERS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE JOHN MARTIN ROAD IMPROVEMENTS NORTH OF IH -10 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTEEN THOUSAND FIFTY -ONE AND 00 /100 DOLLARS ($215,051.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11, 2014 Page 12 of 30 C. Consider an ordinance amending Chapter 118 "Signs" of the Code of Ordinances, Baytown, Texas, to allow certain digital signs along the interstate highway system. City Manager Leiper presented the agenda item and stated that originally there was going to be a specific agreement with a sign company, but since have formulated into an ordinance. He stated that the original ordinance was predicated on an agreement with a company that included the use of the message board for City municipal non - emergency purposes which the city cannot do in an ordinance because that is considered the taking of someone's business. He stated that the changes of the original ordinance included removing the use of the message board for City municipal purposes and replacing the permitting process with the ones implemented from the Cities of Pasadena and San Antonio. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,734. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tent Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,734 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 "SIGNS," ARTICLE I "IN GENERAL," SECTION 118 -1 "DEFINITIONS" AND SECTION 1184 "CLASSIFICATION;' SUBSECTION (C) "SPECIAL FUNCTION SIGNS "; ARTICLE III "REGULATIONS," DIVISION I "GENERALLY," SECTION 118 -176 "CHANGE OF ORNAMENTAL FEATURES, ELECTRIC WIRING OR ADVERTISING DISPLAY "; ARTICLE III 'REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV "OFF - PREMISE SIGNS," SECTION 118 -358 "NEW SIGNS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW FOR DIGITAL BILLBOARDS IF CERTAIN CONDITIONS ARE MET, INCLUDING REMOVAL OF EXISTING OFF - PREMISE SIGNS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11, 2014 Page 13 of 30 d. Consider an ordinance amending Chapter 18 "Buildings and Building Regulations," Article IX "Minimum Property Standards," Division 3 "Multi - Family Dwelling Complexes," Subdivision 111 "Inspections," Section 18 -710 "Inspection by chief building official," Subsections (g) and (h) of the Code of Ordinances, to decrease the fees for re- inspections and non - periodic inspections. City Manager Leiper presented the agenda item and stated that currently, the ordinance assesses a fee of $25 per dwelling unit for the gross number of dwelling units within each building in which a violation persists after the first inspection, regardless of the number of dwelling units that need to be re- inspected. He stated that under Ordinance No. 12,735, there would be no charge for the first follow -up inspection; but for each inspection thereafter there would be a fee of $100 per building in which a violation persists. Council Member Presley requested to revisit this item for adjustments in the future. A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 12,735. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,735 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS," DIVISION 3 "MULTI- FAMILY DWELLING COMPLEXES," SUBDIVISION III "INSPECTIONS," SECTION 18 -710 "INSPECTION BY CHIEF BUILDING OFFICIAL," SUBSECTIONS (G) AND (H) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO REVISE THE FEES FOR FOLLOW -UP INSPECTIONS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11, 2014 Page 14 of 30 e. Consider an ordinance authorizing an earnest money contract with Jose and Matilde Vera for the purchase of 0 N. Main Street, being more particularly described as Tract 19, Sterling 10 Acres, Abstract 840 H. Whiting, Harris County, Texas. City Manager Leiper presented the agenda item and stated that this acquisition is contingent upon (i) an inspection report satisfactory to the City, (ii) an environmental site assessment satisfactory to the City, and (iii) Council's approval of the earnest money agreement. He stated that the sales price was $40,000. He stated that the corner tract to this property was not closed on and an earnest money contract was sent to the owners in its regard. He further stated that there was a verbal acceptance of the offer and that the contract was executed in which should be on the next council agenda. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,736. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,736 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 AN EARNEST MONEY AGREEMENT WITH JOSE AND MATILDE VERA FOR THE PURCHASE OF 0 N. MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. a. Consider a resolution authorizing advanced funding for the John Martin Road Improvement Project. City Manager Leiper presented the agenda item and stated that IRS regulations dictate that Council declare its official intent to reimburse prior expenditures with proceeds of subsequent borrowings. He stated that Resolution No. 2334 authorizes advanced funding as needed for costs associated with the John Martin Road Improvement Project in the amount up to $3,000,000. He CC Regular Meeting Minutes December 11, 2014 Page 15 of 30 stated that a portion of the funds would go towards a right turn lane that's currently under design to add an additional north bound lane on the southside of the freeway next to the ditch. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No. 2334. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tom Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the City to submit an application to participate in the FY2014 Texas Department of Housing & Community Affairs HOME Single Family Program's Reservation System on behalf of the Community Development Division. City Manager Leiper presented the agenda item and stated that Resolution No. 2335 authorizes the City to submit an application to participate in the FY2014 Texas Department of Housing & Community Affairs HOME Single Family Program's Reservation System on behalf of the Planning & Development Services' Community Development Division. He stated that although a fund match is not required, in order to participate, funds must be set aside just in case. Therefore, he stated that $80,000 is reserved for use if needed. A motion was made by Mayor Pro Tent Mercedes Renteria III and seconded by Council Member Chris Presley approving Resolution No. 2335. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tom Mercedes Renteria Ill, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved CC Regular Meeting Minutes December 11, 2014 Page 16 of 30 RESOLUTION NO. 2335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS FOR THE FY2014 HOME SINGLE FAMILY PROGRAM'S RESERVATION SYSTEM FOR THE PURPOSE OF THE REHABILITATION AND RECONSTRUCTION OF SINGLE - FAMILY RESIDENCES FOR LOW TO MODERATE INCOME CITIZENS; DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR PURPOSES OF REPRESENTING THE CITY FOR ALL PURPOSES ASSOCIATED WITH THE APPLICATION; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM AND TO EXECUTE ANY RESULTING RESERVATION SYSTEM PARTICIPATION AGREEMENT; AUTHORIZING AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO /100 DOLLARS ($80,000.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution granting the petition of Keith Cox, Leonard W. White, Sr. on behalf of Greater New Beginning Christian Center, Inc., and J. Wade Sinclair on behalf of North Main Partners, LLC, for the annexation of approximately 19.5 acres of land situated approximately 275 feet east of the intersection of North Main and Wallisville Road in the George Ellis League Survey, Abstract No. 21, Harris County, Texas. City Manager Leifer presented the agenda item and stated that the intended use of the property after annexation is a business park. Council Member Capetillo suggested that if there are annexations within the next three to four months that they are brought before Council so that things could be taken care of at one time. In response to Council Member Capetillo's suggestion, City Manager Leiper stated that the intent is to do so, but currently staff timing to prepare is challenging. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Resolution No. 2336. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved CC Regular Meeting Minutes December 11, 2014 Page 17 of 30 RESOLUTION NO. 2336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF KEITH COX, GREATER NEW BEGINNING CHRISTIAN CENTER, INC., AND NORTH MAIN PARTNERS, LLC, REQUESTING ANNEXATION OF APPROXIMATELY 19.5 ACRES OF LAND SITUATED APPROXIMATELY 275 FEET EAST OF THE INTERSECTION OF NORTH MAIN AND WALLISVILLE ROAD IN THE GEORGE ELLIS LEAGUE SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution granting the petition of Marcos Masson for the annexation of approximately 7.2 acre tract of land being out of and a part of Lots 24 and 25 of Block 19 of Highland Farms Subdivision in the George C. Davis Survey, Abstract No. 1472, Harris County, Texas at the southwest corner of Crosby Cedar Bayou and Interstate 10. City Manager Leiper presented the agenda item and stated that the intended use of the property after annexation will be a doctor's office. A motion was made by Mayor Pro Tent Mercedes Renteria 1I1 and seconded by Council Member Robert C. Hoskins approving Resolution No. 2337. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOUTION NO. 2337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MARCOS MASSON REQUESTING ANNEXATION OF APPROXIMATELY 7.2 ACRE TRACT OF LAND BEING OUT OF AND A PART OF LOTS 24 AND 25 OF BLOCK 19 OF HIGHLAND FARMS SUBDIVISION IN THE GEORGE C. DAVIS SURVEY, ABSTRACT NO. 1472, HARRIS COUNTY, TEXAS AT THE SOUTHWEST CORNER OF CROSBY CEDAR BAYOU AND INTERSTATE 10; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11, 2014 Page 1g of 30 C. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston - Galveston Area Council for the year 2015. Mayor DonCarlos presented the agenda item and stated that Council's 2015 representative to the General Assembly is Council Member Sain with himself serving as the alternate. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Resolution No. 2338. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tom Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2015; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. DISCUSSIONS a. Discuss parking regulations pertaining to the parking of certain vehicles on a public street, including, but not limited to, the period of time in which trailers, motor homes, etc., may be parked for loading and unloading. City Manager Leiper presented the agenda item and stated that the current regulations regarding parking vehicles and trailers on public streets were last approved by the Council in 2008, and is listed as follows: It is an offense to: (1) park any commercial motor vehicle on any public street; (2) stop, stand or park a vehicle upon an alley within the city and not leave ten feet available for traffic movement; (3) stop, stand or park a vehicle on a public street for the purpose of repair or service; (4) stop, stand or park a vehicle on a public street, which vehicle is adapted for the overnight accommodation of persons, whether occupied or not; (5) stop, stand or park any motor vehicle on any public property or on any private property to which the public generally has access for the purpose of displaying such motor vehicle for sale without the written permission of the owner of the property; and (6) park any non - motorized vehicle on a public street. CC Regular Meeting Minutes December 11, 2014 Page 19 of 30 City Manager Leiper further stated that the exceptions if a person parks a vehicle or trailer under the following circumstances are as follows: (1) for the purpose of expeditiously loading and unloading passengers, freight or merchandise; (2) as necessitated by emergency or breakdown, and the vehicle or trailer was so stopped or parked for less than 48 hours; or (3) if a person parks, stops or stands any non - motorized vehicle, on a public street for less than 72 hours in a 120 - consecutive- hour - period. He stated that the restrictions do not apply to vehicles or trailers that are customized vans, motor homes, travel trailers, or truck campers if: (1) The vehicle or trailer is: (a) less than 40 feet long; and (b) currently licensed for highway travel; (2) The street has sufficient width for traffic movement at the parking site; (3) No driveway exits or conflicts across the street from the parking site; (4) The vehicle or trailer has adequate reflective devices on the street side; and (5) The vehicle or trailer has been so parked for less than 72 hours. City Manager Leiper stated that the challenge with the ordinance is the 72 hour exception and that the challenge to changing the 72 hours is enforcement. Council Member Presley stated that in District 2, there are individuals that park trailers in the public street until an officer makes contact. He stated that there was an instance when an officer made contact with an owner to move their trailer, the owner moved the trailer a few inches and stated that they were in compliance. Council Member Presley stated that trailers should not be parked on the street and the enforcement would be to have the trailer removed rather coming and going to enforce the 72 hours. City Manager Leiper recommended to Council to allow staff to bring back alternatives regarding this issue. 8. CONSENT City Manager Leiper stated that the approval of consent agenda item S.p. is contingent upon the receipt of the Certificate of Non Indebtedness. Council Member Renteria requested that consent agenda item 8.p. be considered separately. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney to approve consent agenda items 8.a. through 8.r. excluding item 8.p. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor CC Regular Meeting Minutes December 11, 2014 Page 20 of 30 Pro Tem Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved a. Consider an ordinance authorizing an Industrial District Agreement with Southwestern Biofuels LLC. ORDINANCE NO. 12,737 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 SOUTHWESTERN BIOFUELS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 3, LLC. ORDINANCE NO. 12,738 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 AMERIPORT BUILDING 3, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an Industrial District Agreement with Flersteel Pipeline Technologies, Inc. ORDINANCE NO. 12,739 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 FLEXSTEEL PIPELINE TECHNOLOGIES, INC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an Industrial District Agreement with United Salt Corporation. CC Regular Meeting Minutes December 11, 2014 Page 21 of 30 ORDINANCE NO. 12,740 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 UNITED SALT CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 12,741 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2015 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND FOUR HUNDRED FORTY -NINE AND NO /100 DOLLARS ($180,449.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance authorizing the extension of the Depository Services Contract with JP Morgan Chase Bank until April 30, 2015. ORDINANCE NO. 12,742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXTENSION OF THE DEPOSITORY SERVICES CONTRACT WITH 1P MORGAN CHASE BANK FOR A TERM NOT TO EXCEED AN ADDITIONAL ONE MONTH; AUTHORIZING THE CITY MANAGER TO TAKE APPROPRIATE ACTION TO IMPLEMENT THE EXTENSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's water system. ORDINANCE NO. 12,743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF SEVENTY - TWO THOUSAND ONE HUNDRED SIXTY -FOUR AND 75/100 DOLLARS ($72,164.75) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11, 2014 Page 22 of 30 h. Consider an ordinance amending Section 98 -1 "Priority of Payment" of the Code of Ordinances, Baytown, Texas, to allow partial payments to he proportionately distributed among all utility and garbage-related receivables. ORDINANCE NO. 12,744 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES;' ARTICLE I "IN GENERAL," SECTION 98 -1 "PRIORITY OF PAYMENT' OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW PARTIAL PAYMENTS TO BE PROPORTIONATELY DISTRIBUTED AMONG ALL UTILITY- AND GARBAGE - RELATED RECEIVABLES; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the Professional Services Agreement with HDR Engineering, Inc., for the Garth Road Lift Station Project. ORDINANCE NO. 12,745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE GARTH ROAD LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY - TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($252,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the acceptance for the 2014 Annual Sanitary Sewer Rehabilitation Project and authorizing the final payment to PM Construction & Rehab, L.P. ORDINANCE NO. 12,746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2014 SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY - THREE THOUSAND THREE HUNDRED TEN AND NO /100 DOLLARS ($23,310.00) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC Regular Meeting Minutes December 11. 2014 Page 23 of 30 k. Consider an ordinance authorizing the purchase of four (4) 2015 Dodge Chargers, two (2) 2015 Dodge Durangos, and one (1) 2015 2500 Crew Cab Diesel Truck from Grapevine Dodge Chrysler Jeep, LLC, 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. 12,747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY - NINE THOUSAND SIX HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($189,656.00) TO GRAPEVINE DODGE CHRYSLER JEEP, LLC., FOR THE PURCHASE OF FOUR (4) 2015 DODGE CHARGERS, TWO (2) 2015 DODGE DURANGOS, AND ONE (1) 2015 2500 CREW CAB DIESEL TRUCK FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; AUTHORIZING THE PAYMENT OF SEVENTEEN THOUSAND THREE HUNDRED SEVENTY - ONE AND 96/100 DOLLARS ($17,371.96) TO FLEET SAFETY EQUIPMENT, INC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FOR THE NEW VEHICLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of one (1) 2014 100 Ft. Pierce Tower Truck for the Fire Department through the Houston - Galveston Area Council (H- GAC). ORDINANCE NO. 12,748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION EIGHTY -NINE THOUSAND EIGHT HUNDRED FIVE AND NO /100 DOLLARS ($1,089,805.00) TO SIDDONS -MARTIN EMERGENCY GROUP, LLC, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2014 100 FT. PIERCE TOWER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider an ordinance authorizing a cooperative purchasing agreement with the Town of Little Elm. CC Regular Meeting Minutes December 11, 2014 Page 24 of 30 ORDINANCE NO. 12,749 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 TOWN OF LITTLE ELM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the exchange of 105 W. Humble, being legally described as Lots 4, 5, 6 and 19 thru 23, block 49, Goose Creek, Harris County, Texas, for 707 Denby, being legally described as Lot 4, block B, Wheatley Acres Subdivision, Section 1, Harris County, Texas. ORDINANCE NO. 12,750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXCHANGE OF 707 DENBY, BEING LEGALLY DESCRIBED AS LOT 4, BLOCK B, WHEATLEY ACRES SUBDIVISION, SECTION 1, HARRIS COUNTY, TEXAS FOR 105 W. HUMBLE, BEING LEGALLY DESCRIBED AS LOTS 4, 5, 6 AND 19 THRU 23, BLOCK 49, GOOSE CREEK, HARRIS COUNTY, TEXAS, WITH RUTH CLARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 0. Consider an ordinance awarding the housing reconstruction projects located at 105 W. Humble (or 707 Denby) and 2426 Elvinta. ORDINANCE NO. 12,751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECTS LOCATED AT 707 DENBY STREET AND 2426 ELVINTA STREET TO MLG CONSTRUCTION, INC., FOR THE SUM OF ONE HUNDRED TWENTY -THREE THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($123,700.00); AUTHORIZING PAYMENT THEREOF: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance renewing the agreement with Hartford Life & Accident Insurance Company (Hartford) for Retiree Medicare Supplement Insurance. ORDINANCE NO. 12,752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF A SERVICE AGREEMENT WITH HARTFORD LIFE & ACCIDENT INSURANCE COMPANY FOR RETIREE MEDICARE SUPPLEMENT INSURANCE SERVICES FOR THE CC Regular Meeting Minutes December 11, 2014 Page 25 of 30 CALENDAR YEAR OF JANUARY 1, 2015, THROUGH DECEMBER 31, 2015; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SIXTY -THREE THOUSAND ONE HUNDRED AND NO /100 DOLLARS ($763,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance approving a Professional Services Agreement with KIT Professionals, Inc., for the design of improvements to Hugh Wood and Little Missouri Lift Stations. OR NO. 12,753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE HUGH WOOD AND LITTLE MISSOURI LIFT STATIONS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -FIVE THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($75,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.p. Consider an ordinance authorizing an agreement with IHC Risk Solutions, LLC, as the carrier /administrator for the City of Baytown's stop loss coverage. A motion was made by Mayor Pro Tem Mercedes Renteria 111 and seconded by Council Member Robert C. Hoskins approving consent agenda item 8.p. contingent upon the receipt of the Certificate of Non Indebtedness. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tom Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH IHC RISK SOLUTIONS, LLC, AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES CC Regular Meeting Minutes December 11, 2014 Page 26 of 30 ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT M AN AMOUNT NOT TO EXCEED NINE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($950,000.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Conduct the election of the Baytown City Council Mayor Pro Tem. Mayor DonCarlos presented the agenda item and stated that Council Member Presley, the newly elected Mayor Pro Tem shall serve for six months, beginning January 01, 2015, and ending on June 30, 2015. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving the election of Council Member Presley as the Mayor Pro Tem. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved b. Consider five (5) reappointments to the Community Development Advisory Committee (CDAC). City Manager Leiper presented the agenda item and stated that Mr. Norman Barnett, Ms. Laura Alvarado, Ms. Mary Flores, Ms. Terry Presley, and Ms. Irene DelaCmz have all agreed to reappointments to the CDAC. Additionally, he stated that the members would serve a term commencing immediately and expire on December 31, 2016. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving the reappointments of Mr. Norman Barnett, Ms. Laura Alvarado, Ms. Mary Flores, Ms. Terry Presley, and Ms. Irene DelaCruz to the CDAC. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved CC Regular Meeting Minutes December 11, 2014 Page 27 of 30 C. Consider the confirmation of one (1) City Manager appointment to the Civil Service Commission. City Manager Leiper presented the agenda item to consider the confirmation of the appointment of Ms. Julie DeTorre to the Civil Service Commission. He stated that she's eligible to serve another three (3) year term. A motion was made by Mayor Pro Tem Mercedes Renteria 111 and seconded by Council Member Chris Presley approving the appointment of Ms. Julie DeTorre to the Civil Service Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved d. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2015 Transportation Policy Council and one (1) representative and one (1) alternate to the 2015 Technical Advisory Committee. Mayor DonCarlos presented the agenda item and stated that his appointments to the Transportation Policy Council "TPC" are Council Member David McCartney as the Representative and Council Member Robert Hoskins as the Alternate. City Manager Leiper stated that the appointments to the Technical Advisory Committee "TAU are Jose Pastrana as the Representative and Tiffany Foster as the Alternate. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving the appointments of Council Member David McCartney as the Representative and Council Member Robert Hoskins as the Altemate to the TPC. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved CC Regular Meeting Minutes December 11, 2014 Page 28 of 30 A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Mercedes Renteria III TAC approving the appointments of Jose Pastrana as the Representative and Tiffany Foster as the Alternate to the TAC. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 10. PERFORMANCE EVALUATION FOR CITY MANAGER AND MUNICIPAL COURTJUDGE a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluations of the City Manager and the Municipal Court Judge. At 9:28 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluations of the City Manager and the Municipal Court Judge. At 10:14 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. b. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. A motion was made by Mayor Pro Tem Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving to increase the salary of Judge Escalante by 6% or $6,118. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved CC Regular Meeting Minutes December 11, 2014 Page 29 of 30 C. Discuss and take appropriate action regarding the City Manager's annual performance evaluation. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving to move City Manager Leiper's salary to the midpoint markup range beginning January 1 st. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tent Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 11. MANAGER'S REPORT a. The City of Baytown will be picking up Christmas trees curbside from Friday, January 02, 2015, through Friday, January 16, 2015. City Manager Leiper presented the agenda item and stated that the Public Works Department will pick up natural Christmas trees from Friday, January 2nd through Friday, January 16th. b. City of Baytown offices will be closed on Wednesday, December 24th and Thursday, December 25th, 2014, in observance of Christmas; and on Wednesday, December 31, at 2:00 P.M., and all day Thursday, January 1st, 2015, in observance of New Years. City Manager Leiper stated that the City of Baytown offices will be closed on Wednesday, December 24th and Thursday, December 25th, 2014, in observance of Christmas; and on Wednesday, December 31, at 2:00 P.M., and all day Thursday, January 01, 2015, in observance of New Years. 12. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain adjourning the December 11, 2014, City Council Regular meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None CC Regular Meeting Minutes December 11, 2014 Page 30 of 30 Approved With there being no further business to discuss, Mayor DonCarlos adjourned the December 11, 2014, City Council Regular Meeting at 10:16 P.M.