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2015 02 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 26, 2015, 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 Bryseh 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 26, 2015, 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 Renteria. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on February 12,2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the February 12, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 26, 2015 Page 2 of 13 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation designating March 7 - 15, 2015, as The Great Texas Warrant Roundup Week in Baytown. Public Affairs Coordinator, Patti Jett presented a video presentation regarding the Great Texas Warrant Roundup and Mayor DonCarlos presented to members of the Baytown Municipal Court and Police Department a proclamation designating March 7 - 15, 2015, as The Great Texas Warrant Roundup Week in Baytown. b. The Houston- Galveston Area Council (H -GAC) will present recognition to city staff. Council Members Sain and Capetillo, members of the Houston- Galveston Area Council (H- GAC) presented to City Manager Leiper a proclamation in recognition of his 37 years of services and supporting the HGAC. C. Recognize City of Baytown Employee's for their years of service (5, 10, 15, plus years). City Manager Leiper presented the agenda item and recognized City of Baytown Employee's for their years of service (5, 10, 15, plus years). 5 Years: Randall Morris, Police, Patrol Officer Estevan Rodriguez, Fire, Firefighter 25 Years: Mitch Dasent, Parks & Recreation, Heavy Equipment Operator 1 Rodney Evans, Police, Lieutenant 3. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of the proposed annexation of approximately 0.43 acres of land located northeast of the intersection of Sjolander and Wallisville Roads, in the William Bloodgood Survey Abstract 4, and the George Ellis Survey, Abstract 21, Harris County, Texas. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,797. 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 BI, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved ORDINANCE NO. 12,797 City Council Regular Meeting Minutes February 26, 2015 Page 3 of 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 0.43 ACRES OF LAND AS REQUESTED BY THE OWNER, CHEVRON PHILLIPS CHEMICAL COMPANY LP. LOCATED NORTHEAST OF THE INTERSECTION OF SJOLANDER AND WALLISVILLE ROADS, IN THE WILLIAM BLOODGOOD SURVEY ABSTRACT 4, AND THE GEORGE ELLIS SURVEY, ABSTRACT 21, 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 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. City Manager Leiper presented the agenda item and stated that this item was discussed at the last meeting with a recommendation to make changes regarding unpaved parking markings. He stated that to address those concems, staff proposed the additional revision to allow Flexibility for unpaved parking areas as follows: Parking spaces must be clearly marked with appropriate striping if on a paved surface or appropriate marking if on an unpaved surface. Spaces must also meet certain required minimum dimensions and be maintained. Additionally, he stated that Ordinance No. 12,798 delays enforcement of parking area maintenance and vehicle storage areas to allow a period of education and time for business owners to make any necessary improvements bringing them into compliance. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 12,798. 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, Council Member Terry Sam, Mayor Pro Teen Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 26, 2015 Page 4 of 13 ORDINANCE NO. 12,798 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 112 "OFF- STREET PARKING," SECTION 112 -4 "MINIMUM REQUIREMENTS FOR SPACES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REVISE MINIMUM SPACE REQUIREMENTS FOR HOTELS, MOTOR VEHICLE SALES ROOMS, AND CAR LOTS AND TO ADD MINIMUM SPACE REQUIREMENTS FOR VEHICLE OR BOAT REPAIR BUSINESSES; AND AMENDING CHAPTER 112 "OFF- STREET PARKING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD THREE NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION 112 -10 "MAINTENANCE OF OFF - STREET PARKING AREAS," SECTION 112 -II "VEHICLE STORAGE AREAS" AND SECTION 112 -12 "PENALTY FOR VIOLATION" TO INCLUDE MAINTENANCE REQUIREMENTS FOR OFF - STREET PARKING AREAS AND REQUIREMENTS FOR THE STORAGE OF VEHICLES AT VEHICLE OR BOAT STORAGE FACILITIES AND AT MOTOR VEHICLE SALES ROOMS AND CAR LOTS; 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. C. Consider an ordinance amending Chapter 2" Administration," Article IV "Boards and Commissions," Division 14 " "Ethics Commission," Section 2 -590 "Composition; term" of the Code of Ordinances to remove the term limit for members of the Ethics Commission. City Manager Lciper presented the agenda item and stated that the Ethics Commission was created with two full three -year tern limits. He stated that staff recommends removing the tern limit as there are individuals who have been trained concerning the City's Code of Ethics which will allow them to continue serving if desired and if reappointed. A motion was made by Council Member Mercedes Renteria 111 and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 12,799. 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 111, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 26, 2015 Page 5 of 13 ORDINANCE NO. 12,799 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV 'BOARDS AND COMMISSIONS," DIVISION 14 "ETHICS COMMISSION," SECTION 2 -590 "COMPOSITION; TERM," SUBSECTION (B)(4) TO REMOVE THE TERM LIMITS FOR MEMBERS OF THE ETHICS COMMISSION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution designating the 2015 Baytown Youth Fair as a city co- sponsored event for which an off - premise sign may be placed on city property pursuant to Chapter 118 "Signs," Article 111 "Regulations," Division 4 "Location," Subdivision IV "Off -Pren lses Signs," Section 118 - 358 "New Signs" of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and assumption of liability. City Manager Lciper presented the agenda item and stated that the 2015 Baytown Youth Fair is a city co- sponsored event for which three (3) banners may be placed across the city streets as they have done in previous years. He further stated that the fair will run from April 13th through May I St. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2343. 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, Council Member Terry Sain, Mayor Pro Tenn Chris Presley Nays: None Approved RESOLUTION NO. 2343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE 2015 BAYTOWN YOUTH FAIR AS A CITY CO- SPONSORED EVENT FOR WHICH OFF - PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III 'REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV "OFF- PREMISES SIGNS," SECTION 118 -358 'NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND ASSUMPTION OF City Council Regular Meeting Minutes February 26, 2015 Page 6 of 13 LIABILITY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending December 31, 2014. Finance Director, Louise Richman presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending December 31, 2014. She stated that finances were on target and that the three major funds including the general fund, the aquatics fund, and the hotellmotel fund were trending appropriately. She stated that there was $I million more in property tax as compared this time last year and that the IDA revenues were at $31 million. She further stated that the sales tax revenues were higher than they were last year and is also trending in the same direction with regards to high points and total amounts. Ms. Richman stated that the expenditures were on target. She stated that the aquatics were at 10% due to the parks operation preparations for the upcoming season. She further stated that there was a growth in the number of active sales tax accounts from year 2013 to year 2014. Additionally, she stated in regards to the investment yield, that the interest rate was still at a Flat low rate. In. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2014. Stephanie Hams, a representative of Belt Harris Pechacck, LLLP, presented the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2014. She stated that they issued an unmodified opinion, which is the highest level of assurance to be provided for an audit. She stated that the financial statement is materially correct and that all disclosures required by generally accepted accounting principles were included. She stated that the City had federal grant expenditures that exceeded $500,000 during the last twelve months, and as a result the government required an additional audit procedure referred to as a single audit which was completed as well. She further stated that the additional audit received an unmodified opinion on the compliance that the City has in place over its active grant programs and there were no additional findings to report as a result. Additionally, she stated that they met with the Finance Subcommittee early in the week and reviewed the reports in detail. Council Member McCartney who is also a member of the Finance Committee staled that the reports and analysis was to the satisfactory of the Committee. C. Present an update and preview of the new City of Baytown website. Public Affairs Coordinator, Patti Jett presented to Council an update regarding the new City of Baytown website, its launch date and major features. She reviewed some of the website features and stated that the new website is scheduled to go live next week. City Council Regular Meeting Minutes February 26, 2015 Page 7 of 13 6. DISCUSSION a. Discuss obsolete and abandoned signs and enforcement options. City Manager Leiper presented the agenda item to discuss enforcement options regarding abandoned and obsolete signs. He stated that the codes definition of both signs is as follows: • Abandoned Signs - an abandoned sign is a sign structure that was lawfully erected and maintained but has no advertisement on it for a period of 120 consecutive days. • Obsolete Signs - an obsolete sign is an on- premise sign that (i) advertises a business which has closed or (ii) is otherwise no longer applicable to the property on which it is located. He stated that the abandoned signs that violate the Code are required to be restored or removed within 30 days after the owner receives notice. He further stated that if the owner fails to take action, the City can take action and have the signs removed. He stated that the obsolete signs likewise violate the Code and may be required to be removed or rendered blank, if in good condition, by the property owner within 30 days after the date of the action that caused the sign to be considered obsolete. He further stated that if the sign is not removed or rendered blank within such thirty -day period, the City may remove the sign. Additionally, he stated that there is a due process for obsolete signs and that there would also be a requirement to maintain any signs that are rendered blank. Mayor DonCarlos requested that staff start with enforcing the obsolete signs of vacant properties and in regards to properties where the owner is requesting to keep a sign, Council will review on the basis of the case. Council Member Hoskins also recommended that when the pole is removed that it's removed below ground and he inquired of the funding source for removing the poles. City Manager Leiper stated that if the owner doesn't remove the pole, the City would then remove it and put a lien on the property. 7. CONSENT A motion was made by Mayor Pro Tom Chris Presley and seconded by Council Member David McCartney approving consent agenda items 7.a. through 7.h. 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, Council Member Terry Sam, Mayor Pro Tom Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 26, 2015 Page 8 of 13 a. Consider an ordinance authorizing the renewal of the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. ORDINANCE NO. 12,800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOUR THOUSAND THREE HUNDRED TWENTY -FIVE AND 60/100 DOLLARS ($104,325.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of the Annual Electrical Services Contract with Baytown Electric Company. ORDINANCE NO. 12,801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Annual Electrical Motor Control Center Services Contract to Baytown Electric Company. ORDINANCE NO. 12,802 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Mowing, Edging and Trimming Services Contract with Grant Smith Mowing, Inc. City Council Regular Meeting Minutes February 26, 2015 Page 9 of 13 ORDINANCE NO. 12,803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT WITH GRANT SMITH MOWING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED SIX THOUSAND TWO HUNDRED SEVENTEEN AND 74/100 DOLLARS ($206,217.74); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the Fourth Amendment to the Professional Services Agreement with Malcolm Pirnie, Inc. OR NO. 12,804 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 FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR ADDITIONAL BIDDING AND PHASE SERVICES FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY -FIVE THOUSAND AND NO /100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing payment to CareHere Management, PLLC, for the administration of an employee health clinic, including medical services and supplies for the one -year term commencing February 05, 2015. ORDINANCE NO. 12,805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED SEVENTY -FOUR THOUSAND AND NO /100 DOLLARS ($374,00.00) TO CAREHERE MANAGEMENT, PLLC, FOR THE ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES FOR THE ONE -YEAR TERM COMMENCING FEBRUARY 5, 2015; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 26, 2015 Page 10 of 13 g. Consider a resolution authorizing acceptance of a grant award from the Houston - Galveston Area Council (H -GAC) FY15 Downtown Public Spaces Improvement Program for the City's second Project Stars Gateway Signage Project. RESOLUTION NO. 2344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM HOUSTON - GALVESTON AREA COUNCIL (H -GAC) FY15 DOWNTOWN PUBLIC SPACES IMPROVEMENT PROGRAM FOR THE CITY'S SECOND PROJECT STARS GATEWAY SIGNAGE PROJECT IN THE AMOUNT OF TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider a resolution authorizing the City to submit a continuation grant application for the Police Department to the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston- Galveston Area Council (H -GAC). RESOLUTION NO. 2345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM ASSISTANCE — DIRECT SERVICES PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CID) OF THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H- GAC) FOR FY 2016 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED THIRTY -FOUR THOUSAND EIGHT HUNDRED SEVENTY AND NO/ 100 DOLLARS ($34,870.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. a. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes. At 7:16 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Govemment Code to deliberate the purchase of real property for municipal purposes. City Council Regular Meeting Minutes February 26, 2015 Page 11 of 13 At 8:00 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. 9. MOTIONS a. Consider an ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District for the purchase of property for an economic development project. City Manager Leiper stated that under the agreement, the MDD will fund up to $805,000 for the purchase of the property. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,806. 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, Council Member Terry Sain, Mayor Pro Tom Chris Presley Nays: None Approved ORDINANCE NO. 12,806 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DVELOPMENT DISTICT FOR FUNDING THE CITY OF BAYTOWN'S PURCHASE OF PROPERTY LOCATED AT 1800 N. ALEXANDER DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS, FOR AN ECONOMIC DEVELOPMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an earnest money contract for an economic development project in Council District No. 6. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,807. 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, Council Member Tent' Sain, Mayor Pro Tern Chris Presley Nays: None Approved ORDINANCE NO. 12,807 City Council Regular Meeting Minutes February 26, 2015 Page 12 of 13 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 BAYTOWN RETAIL, LLC, FOR THE PURCHASE OF 1800 N. ALEXANDER DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS CONTINGENT UPON THE APPROVAL OF FUNDING FROM THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWO THOUSAND ONE HUNDRED NINETY -TWO AND NO /100 DOLLARS ($802,192.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. MANAGER'S REPORT a. 2014 Racial Profiling Tier 1 Report City Manager Leiper stated that the Chief of Police provided the City Council with a copy of the 2014 Racial Profiling report as filed with the Slate of Texas. It. Opening of the City's five spray parks for the 2015 summer season on Saturday, March 07, 2015, at 10:00 A.M. City Manager Leiper stated that the City's five spray parks located at Roseland Park, Bergeron Park, McElroy Park, Pelly Park and Central Heights Park will open for the 2015 summer season on Saturday, March 07, 2015, through Sunday, November 01, 2015. Mayor DonCarlos stated that the reception for City Manager Leiper would be on Friday, February 27, 2015, from 3:00 P.M. to 5:00 P.M., at the Community Center Building with remarks to start at 4:00 P.M. 11. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Chris Presley adjourning the February 26, 2015, City Council Regular Meeting. The vote was as follows: City Council Regular Meeting Minutes February 26, 2015 Page 13 of 13 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 Sam, Mayor Pro Tem Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the February 26, 2015, City Council Regular Meeting at 8:05 P.M.