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2015 02 12 CC MinutesNIINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 12, 2015 The City Council of the City of Baytown, Texas, mct in a Regular Meeting on Thursday, February 12, 2015, at 6:31 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetilio Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Siciflicii 1 -1, 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 Anns Mayor DonCarlos convened the February 12, 2015, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. 1. INIINUTES Mayor DonCarlos stated that agenda items l .a. and I .b. would be considered together. a. Consider approving the minutes of the City Council Regular Meeting held on January 08, 2015. 11. Consider approving the minutes of the Cite Council Regular ;Meeting held on January 22, 2015, A motion was inade by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the January 08, 2015, and January 22, 2015, City Council Regular Meeting minutes. The vote was as follows: City Council Regular Meeting Minutes February 12, 2015 Page 2of18 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria Ill, Council Member Terry Sam, Mayor Pro Tern Chris Presley Nays: None Approved 2. PROPOSED REZONING OF APPROXIMATELY 3.0 ACRES OF LAND FROM MID -RISE DENSITY MIXED RESIDENTIAL DWELLINGS (MF2) DISTRICT TO GENERAL COMMERCIAL (GC). a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 3.0 acres at 3135 Garth road, generally located at the northwest corner of Garth Road and Northwood Drive, formally known as Casa Linda Apartments, legally described as Tracts 1S, 54, & 65 out of the Harvey Whiting Survey, Abstract 840, Harris County, Texas, from a Mid -Rise Density Mixed Residential Dwellings (MF2) District to a General Commercial (GC) District. At 6:33 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 3.0 acres at 3135 Garth Road, generally located at the northwest corner of Garth Road and Northwood Drive, formally known as Casa Linda Apartments, legally described as Tracts I'S, 54, &, 65 out of the Harvey Whiting Survey, Abstract 840, Harris County, Texas, from a Mid -Rise Density Mixed Residential Dwellings (MF2) District to a General Commercial (GC) District. City Manager Lciper :stated that this public hearing; is concerning a property that is currently vacant, but the applicant is proposing to develop a new convenience store and retail development at this intersection. He stated that this site was a forirler apartment complex known as Casa Linda Apartments that was demolished by the City in late 2013 due to substandard conditions at the property. He stated that the surrounding area is a mixture of ROW, commercial, and multi- family uses. City Manager Leiper stated that the commercial uses are zoned GC to the north and south along Garth Road and that multi - family uses are adjacent to the west and to the southwest across Northwood Drive. He stated that gasoline stations and retail are appropriate uses adjacent to a major arterial such as Garth Road and will be utilized by apartment residents living in the nearby multi- family developments. He further stated that the Planning and Zoning Commission previously held public hearings on this item on December l6th and January 20th, in which at the January 20th meeting voted to recommend approval to amend the zoning district designation from NIF2 to GC. Adrian Combs registered to spear before the public hearing regarding agenda item 2.a. He stated that he's a representative of the developer and that part of tlae development will be used for a convenient store with gas. Cit}, Cousicil Regular Meetisig Minutes Febmary 12, 2015 1'age 3 of 18 With there being; no one registered to speak, Mayor DonCarlos closed the public hearing at 6:35 P.M. b. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 3.0 acres at 3135 Garth Road, generally located at the northwest corner of Garth Road and Northwood Drive, formally known as Casa Linda Apartments, legally described as Tracts 1S, 54, & 65 out of the Harvey Whiting Survey, Abstract 840, Ilarris County, Texas, from a Mid -rise Density Mixed Residential Dwellings (MF2) District to a General Commercial (GC) District. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,779. The vote was made by a show of raising their right liand as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved ORDINANCE NO. 12,779 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 3.0 ACRES AT 3135 GARTH ROAD, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GARTH ROAD AND NORTHWOOD DRIVE, FORMALLY KNOWN AS CASA LINDA APARTMENTS, LEGALLY DESCRIBED AS TRACTS IS, 54, & 65 OUT OF THE HARVEY WHITING SURVEY, ABSTRACT 840, HARRIS COUNTY, TEXAS, FROM A MID -RISE DENSITY MIXED RESIDENTIAL DWELLINGS (MF2) DISTRICT TO A GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /iOO DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 3. PROPOSED REZONING OF APPROXIMATELY 10.4 ACRES OF LAND FRONT GENERAL COMMERCIAL (GC) TO MM -RISE DENSITY MIXED RESIDENTIAL DWELLINGS (NbIF2) DISTRICT. a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 10.4 acres generally located on the southwest corner of South Road and West Road in the Ed T. Schaffer Survey (W.C. &R.R.), Abstract 1224, and being City Council Regular Meeting N inutcs February 12. 2015 Page 4of18 out of and a part of Lots 1, 2 and 3, all of Lots 4 through 13, inclusive, and part of Lot 14, Block 7 of East End Addition of Highlands Farms, and part of Lots 11 and 12, Block 21 of Highland Farms Addition, and Restricted Reserve "A" of AutoZone, all in Harris County, Texas from a General Commercial (GC) District to a Nlid -rise Density Mixed Residential Dwellings (N'IF2) District. At 6:36 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning trap to rezone approximately 10.4 acres generally located on the southwest corner of South Road and West Road in the Ed T. Schaffer Survey (W.C. & R.R.), Abstract 1224, and being out of and a part of Lots 1, 2 and 3, all of Lots 4 through 13, inclusive, and part of Lot 14, Block 7 of East End Addition of Highlands Farms, and part of Lots 1 1 and 12, Block 21 of Highland Farms Addition, and Restricted Reserve "A" of AutoZone, all in Harris County, Texas from a General Commercial (GC) District to a Mid -rise Density Mixed Residential Dwellings (MF2) District. City Manager Lciper stated that this public hearing is concerning a property that is currently vacant and the owner is proposing to develop a 238 -unit multifamily residential apartment complex with a proposed density of just under 23 units per acre. He stated that the proposed site is bordered by South Road on the north and West Road oil the cast and that the commercial developments and drainage facilities are to the south and west. He stated that the owners' engineers are currently working with Afdi's Grocer engineers in preparing. a Traffic Impact Analysis to determine how traffic will impact the surrounding area including a proposed traffic light at the intersection of South Road and Garth Road. City Manager Lciper stated that this multi - family development will conform to all codes including sections of the ULDC which refers to the masonry, architectural, and site design requirements. He further stated that the Planning and Zoning Commission previously held public hearings on this item oil December 16th and January 20th, in which at the January 20tH meeting voted to recommend approval to City Council to amend tine zoning district designation from GC to MF2. David Black and Michael Thomas both registered to speak before the public hearing regarding; agenda item 3.a. Mr. Black stated that lie represents the engineering company, Hutchinson & Associates, and would answer any questions regarding the project. Mr. Thomas stated that lie represents the development company and is also the owner of the property. He stated that the name of the company is JLC Gas which is an affiliate company of CRG Properties. He further stated that he would answer any questions and that this would be a Class A market rate apartment development. Mayor DonCarlos closed the public hearing at 6:44 P.M. b. Consider an ordinance concerning a proposed amendment to the official zoning neap to rezone approximately 10.4 acres generally located on the southwest corner of South Road and West .Road in the Ed T. Schaffer Survey (W.C. &R.R.), Abstract 1224, and being out of and a part of Lots 1, 2 and 3, all of Lots 4 through 13, inclusive, and part of Lot 1.4, City Council R ,ular Meeting Minutes February 12. 2015 Page 5 of 18 Block 7 of East End Addition of IIighlands Farms, and part of Lots 1I and 12, Block 21 of Highland Farms Addition, and Restricted Reserve "A" of AutoZone, all in Harris County, Texas from a General Commercial (GC) District to a Mid-rise Density Mixed Residential Dwellings (NIF2) District. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,784. The vote was made by a show of raising their right hands as follows: Ayes: Mayer Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved ORDINANCE NO. 12,784 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 14.4 ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF SOUTH ROAD AND WEST ROAD IN THE ED T. SCHAFFER SURVEY (W.C.&R.R.), ABSTRACT 1224, AND BEING OUT OF AND A PART OF LOTS 1, 2 AND 3, ALL OF LOTS 4 THROUGH 13, INCLUSIVE, AND PART OF LOT 14, BLOCK 7 OF EAST END ADDITION OF HIGHLANDS FARMS, AND PART OF LOTS 11 AND 12, BLOCK 21 OF HIGHLAND FARMS ADDITION, AND RESTRICTED RESERVE "A" OF AUTOZONE, ALL IN HARRIS COUNTY, TEXAS FROM A GENERAL COMMERCIAL (GC) DISTRICT TO A MID -RISE DENSITY MIXED RESIDENTIAL DWELLINGS (MF2) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS (S2,404.40); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider an ordinance for the first reading for the annexation of approximately 7.2 acres of land located at the southwest corner of Crosby Cedar Bayou and 1-10, 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. City Council Regular Meeting Minutes February 12, 2015 Page to of 18 General Manager Leiper presented the agenda item and stated that Ordinance No. 12,781 is the first reading; regarding the proposed voluntary annexation of approximately 7.2 acres of land for the owner Marcus Masson. He stated that the applicant is requesting annexation so City utilities can be extended for the development of a medical office building and a zoning neap amendment that is running concurrently with this application. He stated that on December 11, 2014, the City Council approved a resolution granting the petition for annexation. He further stated that notices for the first and second public hearing were published in the December 21, 2014, issue of the Baytown Sun and posted on the city's website and notice board. Additionally, he stated that Council held two public hearings on January 08, 2015, and that the second reading of the ordinance and completion of annexation proceedings is scliedulcd for March 12, 2015. A motion was made by Council %]ember Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,781. Tile vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved ORDINANCE NO. 12,781 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 7.2 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF CROSBY CEDAR BAYOU AND I -10, 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, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance for the first reading for the annexation of approximately 119.5 acres of land located approximately 275 feet east of the intersection of North Main Street anti NVallisville Road in the George Ellis Lealg;ue Survey, Abstract No. 211, Harris County, Texas. General Manager Leiper presented the agenda item and stated that Ordinance No. 12,782 is the first reading regarding the proposed voluntary annexation of approximately 19.5 acres of land for the owners 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. He stated that the City Council Regular Meeting Minutes February 12, 2015 Page 7 of 18 applicants are requesting annexation so City utilities can be extended for the development of a proposed commercial business park and a zoning trap amendment that is running concurrently with this application. He stated that on December 11, 2014, the City Council approved a resolution granting the petition for annexation. He further stated that notices for the first and second public hearing were published in the December 21, 2014, issue of the Baytown Sun and posted on the city's websitc and notice board. Additionally, he stated that the first and second public hearings were held by City Council on January 08, 2015, and the second reading of the ordinance and completion of annexation proceedings is scheduled for March 12, 2015. A motion was made by Council Member Mercedes Rcntcria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,782. The vote was as follows: Ayes: Mayor Stephen DonCarios. Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved ORDINANCE NO. 12,782 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 19.5 ACRES OF LAND LOCATED APPROXIMATELY 275 FEET EAST OF THE INTERSECTION OF NORTH MAIN STREET AND WALLISVILLE ROAD IN THE GEORGE ELLIS LEAGUE SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. C. Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, Ltd., for the Santavy Road Project. City Manager Lciper presented the agenda item and stated that Ordinance No. 12,783 awards a construction contract to Angel Brothers Enterprises. Ltd., for the Santavy Road Project in the amount of $1,059,558.55. He stated that the scope of work for this project consists of constructing; a two lane concrete roadway starting at Garth and extending approximately 1600 feet west and also includes the extension of utility infrastructure, drainage, lighting and a traffic signal at the intersection of Santavy and Garth. He stated that one (1) bid was received and publicly opened on Thursday, January 15, 2015, at 2:00 P.M. in the City Council Chambers. He further stated that this project is funded by KSTX Baytown LLC, as approved through the First Amendment to the Chapter 380 Economic Development Agreement executed on August 18, City Council Regular Meeting Minutes February 12, 2015 Pae 8 of 18 2014, in which funds in the amount of the construction have been deposited in escrow at Alamo Title Company. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,783. The vote was as follows: Ayes: Mayer Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Connell Member Terry Sam, Mayor Pro Tctn Chris Presley Nays: Council Member Robert C. Hoskins Approved ORDINANCE NO. 12,783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SANTAVY ROAD PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION FIFTY -NINE THOUSAND FIVE HUNDRED FIFTY - EIGHT AND 55/100 DOLLARS (S 1,059,558.55); MAILING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 112 "Off Street 'Parking," of the Code of Ordinances to revise the minimum number of required parking spaces for hotels, motor vehicle sales rooms, and car lots; to add a minimum number of parking spaces for vehicle or boat repair businesses; to add parking maintenance requirements; and to provide for vehicle storage areas and standards therefor. General Manager Leiper stated that agenda items 4.d. and 4.e. were items Council requested to be presented due to previously discussing parking; concerns. He stated that the ordinance will apply prospectively to new permits moving forward and maintenance items to existing. businesses. He stated that the recommendations are as follows: Revised Sections Section Minimum Parking for ... Existing Requirenient Proposed Change One parking space for each One parking space for each sleeping 112-4 two sleeping. rooms or suitesroom or suite, (a)( 10) Hotels plus plus City Council Regular Meeting Minutes February 13. 3015 Page 9 of 18 [late space for each 200 One parking space for each 400 square square feet ofconimercial lcct ofcommercial floor area contained floor area contained therein. therein. One parking space for cacti 500 square One parking space for each feet of sales floor area. with a minimum 1 1?- Motor Vehicle Safes Rooms or Car 800 „ware feet of sales requirement of three parking, spaces. 4(tt)(13 ) l:ot:+ tloi7r or lot area. Removed "used " so that the requirement applies to all car lots. One space for each service bay. l tt % 1 ?- V f i plus 1(e=hicle or Boat Repair Busiitcyses NIA One space for even, 300 Sgttare feet of building Floor area. Section subject 113 -10 Maintenance of off - street parking areas 112-11 Vehicle Storage Areas 112-12 Penalty for violation New Sections _ Proposed Chstnge Parking spaces and walkways must he striped. meet certain required mininsum dimensions and be maintained. Rcpair facilities must designate it vehicle storage area for vchicics serviced or waiting it) be serviced. :SpaccS Withitt the vehicle storage area do not count towards ineeting the number of required minintuna parking spaces. Spaces in the vehicle storage area cannot block access it, the building„ dri%c,aa ,,s. sides sulks, or hinder proper vchic;ular circulation within the lot. The parking spaces in the vehicle storage area must meet certain required minimum dimensions or the vehicles may be stored behind it 646ot opaque fence. which is located behind the building line. so that the vehicles are not visible froni the public right -of -way. THS sretintt was added to conlorrn to the City's standard penalty I,r n 1-00n. City Manager Leiper stated that the enforcement of the ordinance does not go into effect for six (6) months to allow a period of education and time for business owners to make any necessary improvements bringing them into compliance. The consensus of the council was to postpone agenda item 4.d. to the next council meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving to postpone agenda item 4.d. until the next meeting scheduled February 26, 2015. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney. Council City Council Regular Meeting Minutes F=ebruary 12, 2015 Pad a 10 of 18 Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Chris Presley Mays: None Approved C. Consider an ordinance amending Chapter 94 "Traffic and Vehicles, " Article V "Stopping, Standing; and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and purposes" of the Code of Ordinances, Baytown, Texas, to amend the regulations for on- street parking; of recreational vehicles and non - motorized vehicles. General Manager Leiper presented the agenda item and stated that on December 11, 2014, the City Council discussed parking regulations pertaining to parking; vehicles on a public street and City Council learned that the 72 -hour defense/exception, which allows limited parking of a. customized van, motor home, travel trailer, or truck camper on a public street, is not only difficult to enforce but also can he abused, for by moving the vehicle ever so slightly, the 72- hour period is be restarted. Therefore:, he stated that the City Council asked for rccornmcndat ions to address this concern and Ordinance No. 12,784 recommends the tbllowing: 1. adopts the definition of "recreational vehicle" in the RV ordinance and uses the term throughout the ordinance to prohibit parking such vehicles on a public street with limited exceptions; 2. removes the defense to prosecution, which allowed recreational vehicles to be parked on the street for less than 72 hours in a 120 -hour consecutive period; 3. revises one of the exceptions by reducing titre number of hours that a recreational vehicle may be parked on a public street from 72 hours to six hours; and 4. adds an exception to permit a non - motorized vehicle to be parked on a public street between the hours of 7 :00 A.M. and 4:00 P.M. while the equipment or material transported by the non- motoricecl vehicle is being used. ORDINANCE NO. 12,784 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -182 "PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES," SUBSECTIONS (13)(4) AND (D) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; REPEALING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -182 "PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES," SUBSECTION (C)(3) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO REVISE THE REGULATIONS FOR ON- STREET PARKING OF RECREATIONAL VEHICLES AND NON - MOTORIZED VEHICLES; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.170); PROVIDING A City Council Regular Meeting Minutes February l?. 2015 Page I I of 18 REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. A motion was trade by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 12,784. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Chris Presley Nays: Council Member Terry Sain Approved 5. REPORTS a. Mr. Scott Jones, Director of Advocacy for the Galveston :Bay- Foundation, will present a report named How healthy is Galveston Bay? Mr. Scott Jones, Director of Advocacy for the Galveston Bay Foundation, presented Council with a report regarding How Healthy is Galveston Bay? He stated that the; Galveston Bay Foundation is working on a new Galveston Bay Report Card, scheduled to be released in May 2015, which will be a citizen- driven, scientific analysis of the health of the bay. Mr. Jones stated that Galveston Bay is the largest Bay in Texas, the 7th largest in the Nation, and the 2nd most productive Bay in the U.S. He stated that approximately half of Texas population lives within the Galveston Bay watershed. Mr. Jones stated that the report will reflect the monitoring of the physical processes which include the sea -level rise, storm surge, freshwater inflows, and dredging. He stated that the report will reflect the monitoring of the water and sediment quality which includes bacteria levels, nutrient inputs from land, water clarity. and toxics. During further discussion, Council Member Capetillo inquired as to who would be responsible for monitoring the bacteria levels. In response to Council Member Capetillo's inquiry, Mr. Jones stated that the Texas Department of State Health Services will monitor the seafood and Texas Commission of Environmental Quality will look at the sediments and a lot of the water perimeters. Mr. Jones stated that there are a variety of agencies that will monitor different areas of the Bay and that the timeframe of monitoring would depend on the perimeter. He stated that some of the perimeters are very expensive to monitor partially due to the amount of sampling. During further discussion, Mr. Jones stated that they will discuss the habitats and land use which includes the wetlands, seagrass, oyster reefs, and impervious surface (parking lots, roads, etc.). He stated that they will be looking into living resources which includes fish populations, commercial and recreational fishing catch, colonial waterbird counts, and wildlife surveys. He further stated that they will also look into public health and safety which includes contaminants in fish and crabs, oyster harvest areas, and oil spills and fish kills. During further discussion, Council Member Hoskins stated that some citizens interpreted that the Baytown water was polluted because of the signs that the foundation put out regarding the contaminants. In response to Council Member Hoskins statement, Mr. Jones stated that the water City Council Regular {greeting N inutes I=ebruary 12, 2015 Paige 12 of 14 itself is not polluted. He stated that what happens is that (lie toxins cling to the sediments and as the eating process begins starting with the smaller Nvorms eating; the sediments and accumulate (tic toxins attached to the sediment, to the larger animals eating causing bloacCLIIIAUlation. He further stated that by the time it gets to the bigger predators there could be concciltrations that can potentially be dangerous to us. He stated that he's confident that this issue will be dissolved as the water duality is improving, Mr. Jones stated that the goal of the report card is to help draw attention to bay issues, engage citizens in seeking; scientific answers to their questions, and inspire people to become involved 1 €1 management decision processes and conservation activities. Additionally, he stated that they will have a Rain Barrel Workshop on February 21, 2015 from 9:30 A.M. to 11:30 A.M. for a cost of $30 which includes a rain barrel and kit. 6. CONSENT Council Member Hoskins requested that consent agenda items 6.b, and 6.c. be pulled from the consent agenda. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving consent agenda items 6.a. and 6.d. through 6.1. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria Ill, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approves! a. Consider an ordinance authorizing the closeout, final payment and acceptance of the John Martin Improvements South of I -10 Project. ORDINANCE NO. 12, 785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, ACCEPTING THE JOHN MARTIN IMPROVEMENTS SOUTH OF 1- 10 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY - NINE THOUSAND TWO HUNDRED SIXTY -FOUR AND 15/100 DOLLARS ($49,264.15) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding, the 2015 Annual Sanitary Sewer Rehabilitation Contract to PM Construction & Rehab, LLC. City Council Regular Meeting Minutes February 12, 2015 Page 13 of 113 ORDINANCE NO. 12.786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PM CONSTRUCTION AND REHAB. LLC, FOR THE 2015 ANNUAL. SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING CHANGE ORDER NO. I WITH PM CONSTRUCTION AND REHAB, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY -SEVEN THOUSAND FIVE HUNDRED EIGHTY -FIVE AND 631100 DOLLARS ($ 1.147,585.63); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a reduction in retainage for the Baler road Expansion Project with Angel Brothers Enterprises, Ltd. ORDINANCE NO. 12,787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF THREE HUNDRED FIFTY -FOUR THOUSAND SEVEN HUNDRED EIGHTY -FIVE AND 921100 DOLLARS ($354,785.92) TO ANGEL BROTHERS ENTERPRISES, LTD., FOR THE BAKER ROAD EXPANSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance establishing; speed limits and hours of enforcement in school zones for Baytown Christian Academy, located at 5555 N. Main Street, within the City of Baytown. ORDINANCE NO. 12,788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 DOLLARS (5200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE HATE THEREOF. City Council Regular Meeting Minutes February 12, 2015 Pa-e 14 of 18 g. Consider an ordinance authorizing the termination of the {Chapter 380 Economic Development Agreement with Quad hotels, LLC, and Baytown Equity Investments, LLC, concerning Spring] [ill Suites. ORDINANCE NO. 12,789 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 THE TERMINATION OF CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH QUAD HOTELS, LLC, AND BAYTOWN EQUITY INVESTMENTS, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance awarding a construction contract to General {Contractor Services, Inc., through the USA General Services Administration (GSA), for a Hydro -Stop Roofing Project at the Baytown Community Center. ORDINANCE NO. 1 2,790 AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED SEVENTY - SEVEN THOUSAND EIGHT HUNDRED THIRTY - SEVEN AND 29/100 DOLLARS (S477,837.29) TO GENERAL CONTRACTOR SERVICES, INC., THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR HYDRO -STOP ROOFING PROJECT AT THE BAYTOWN COMMUNITY CENTER: MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance approving expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics, Inc. to clean, wash and polish (wax) the slides at Pirates Bay Water Park. ORDINANCE NO. 12,791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING THE PAYMENT OF SEVENTY -TWO THOUSAND SIX HUNDRED SIXTY -SIX AND NO/100 DOLLARS (S72,666.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE CLEANING, WASHING AND POLISHING (WAXING) OF THE SLIDES AT PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS City Council Regular Meeting Minutes February 12, 2013 Pl,,e 15 of 18 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ;. Consider an ordinance authorizing an inter'local agreement with the City of Frisco for cooperative purchasing. ORDINANCE NO. 12,792 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 FRISCO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I:. Consider an ordinance repealing ordinance No. 12,767 and authorizing the sole source purchase of thirty (30) EF Johnson Viking VP -600 handheld radios for use in the Baytmvil. Police Department. ORDINANCE NO. 12,793 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 12,767 PASSED ON JANUARY 8, 2015, AUTHORIZING THE PURCHASE OF THIRTY (30) EF JOHNSON VIKING VP -600 HANDHELD RADIOS WITH BATTERIES AND CHARGERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY - SIX THOUSAND FIVE HUNDRED 'SIXTY AND NO/100 DOLLARS ($86,560.00) TO E.F. JOHNSON COMPANY FOR THE SOLE SOURCE PURCHASE OF THIRTY (30) EF JOHNSON VIKING VP -600 HANDHELD RADIOS WITH BATTERIES AND CHARGERS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDIN+ x FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing a change to the Fiscal Year 2013 -14 City of Baytown illunicipal Budget, in order to increase the budget for the Police Department and the General Overhead. ORDINANCE NO. 12,794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2013 -2014 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM THREE HUNDRED THIRTY THOUSAND SEVEN HUNDRED THIRTY -SIX AND N01100 DOLLARS ($330,736.00) FROM THE FIRE DEPARTMENT'S PERSONNEL SERVICES ACCOUNT IN THE City Council Regular Meeting Minutes February 12, 2015 Page 16 of 18 GENERAL FUND TO THE POLICE DEPARTMENT'S PERSONNEL SERVICES ACCOUNT IN THE GENERAL FUND; AND TO REPROGRAM FIVE HUNDRED NINETY -THREE THOUSAND SEVEN HUNDRED SEVENTY -THREE AND NO/100 DOLLARS (5593,773.00) FROM THE FIRE DEPARTMENT'S PERSONNEL SERVICES ACCOUNT IN THE GENERAL FUND TO GENERAL OVERHEAD PERSONNEL SERVICES ACCOUNT AND THE GENERAL OVERHEAD SERVICES ACCOUNT IN THE GENERAL FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6.b. Consider an ordinance authorizing Change Order No. 2 to the 2007 Street Bond Program - Year 5 with :Angel Brothers Enterprises, Ltd. City Manager Leiper stated that its unusual that there would be a change order oil a street bond. but although Teamwork has the contract to do the streets repairs for the bond project their quote to do the repairs for this particular section seemed high; and therefore Angel Breathers who's in contract with the City to do street replacement quoted a much lesser amount to do the work, Council Member Hoskins stated that he could no longer support contracts to this company due to the owners' disrespectful comments during a previous meeting towards Council. ORDINANCE NO. 12,795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2007 STREET BOND PROGRAM - YEAR 5; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SEVENTY -THREE THOUSAND ONE HUNDRED SEVENTY -FOUR AND 501100 DOLLARS ($73,174.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving consent agenda item 6.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: Council Member Robert C. Hoskins Approved 6.c. Consider an ordinance authorizing Change Order No. 2 to the 2014 Mill & Overlay Project with Angel Brothers Enterprises, Ltd. City Council Regular Meeting Mimics February 12, 2015 Page 17 of 18 ORDINANCE NO. 12,796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2014 MILL AND OVERLAP" PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THEAMOUNT OF THREE HUNDRED THOUSAND AND NO/100 DOLLARS (5300,000.00 ); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A traction was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving consent agenda item 6.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Mernber David McCartney, Council Membcr Mercedes Renteria 111. Council Member Terry Sain, Mayor Pro Toni Chris Presley Nays: Council Member Robert C. Hoskins Approved 7. EXECUTIVE SESSION a. Recess into and conduct to executive session pursuant to Section 551.072 of (lie Texas Government Code to deliberate the purchase of real property for municipal purposes. At 8:01 P.Nl., %M or DonCarlos recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for nittnicipal purposes. At 8:34 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. 8. MANAGER'S REPORT a. The City Manager will present Council witli information and updates on the following items and events: • the City "s participation in the 2015 Franchise Expo South, February 5 -7, 2015; • the 2015 CERT Classes begin on Tuesday, February 17, 2015, from 6:30 - 8:00 P.M.; • Offsite Animal Adoption Event, Saturday, February 21, 2415, at Tractor Supply, 6202 Garth Rd., from I 1 A.M. -3 PAL. and • the 5th annual Jail Break Run is scheduled for Saturday, February 14, 2015. City Council Regular Meeting Minutes February 12. 2£115 Page 18 01,18 City Manager [.caper presented the updates and stated that the City's participation in the 2015 Franchise Expo South, February 5 -7, 2015 was successful and lie's signed ail agreement for next year. He stated that the 2015 CERT Classes begin on Tuesday, February 17, 2015, and the offsite Animal Adoption Event is scheduled for Saturday, February 21, 2015, at Tractor Supply, 6202 Garth Rd. lie further stated that the 5th Annual Jail Break Run is scheduled for Saturday, February' 14, 2015. 9. AIM €)URN' A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria Ill adjourning the February 12, 2015, City Council Regular Meeting. Tile vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins. Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Fro Tern Chris Presley Nays; None Approved With there being; no further business to discuss, Mayor DonCarios adjourned the February 12, 2015, City Council Regular Meeting at 8:35 P.M. i.' � .�'�rL. x� Leticia Brysch, City Clerk City of Baytown