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2015 06 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 11, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 11, 2015, at 6:32 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 Mercedes Renteria Terry Sain Chris Presley Ron Bottoms Ignacio Ramirez Leticia Brysch Roger Clifford Council Member Council Member Council Member Council Member Council Member Mayor Pro Tern Acting City Manager City Attorney City Clerk Sergeant at Arms Mayor Pro Tern Presley convened the June 11, 2015, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present with the exception of Mayor DonCarlos who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on May 14, 2015. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the May 14, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Mayor Pro Tern Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) City Council Regular Meeting Minutes June 11, 2015 Page 2 of 10 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating June 11, 2015, as National Cancer Survivors Day in Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem Presley presented to a group of cancer survivors as well as caregivers a proclamation designating June 11, 2015, as National Cancer Survivors Day in Baytown. 3. ANNEXATION OF APPROXIMATELY 67.27 ACRES OF LAND a. Conduct a first public hearing regarding the annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road, consisting of Lot 1, Block 1, City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County, Texas. At 6:38 P.M., Mayor Pro Tem Presley opened and conducted a first public hearing regarding the annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road, consisting of Lot 1, Block 1, City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County, Texas. Director of Planning and Development, Tiffany Foster stated that she would summarize agenda items 3.a. and 3.b. together as they are related to the same parcel of land. She stated that this is a voluntary annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road which includes the City of Baytown 911 Communications Center which is currently under construction and adjacent parcels. With there being no one registered to speak, Mayor Pro Tem Presley closed the first public hearing at 6:39 P.M. b. Conduct a second public hearing regarding the annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road, consisting of Lot 1, Block 1, City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County, Texas. At 6:39 P.M., Mayor Pro Tem Presley opened and conducted a second public hearing regarding the annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road, consisting of Lot 1, Block 1, City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County, Texas. City Council Regular Meeting Minutes June 11, 2015 Page 3 of 10 With there being no one registered to speak, Mayor Pro Tem Presley closed the second public hearing at 6:39 P.M. 4. ANNEXATION OF APPROXIMATELY 18.75 ACRES OF LAND a. Conduct a first public hearing regarding the annexation of approximately 18.75 acres of land located in Old Cedar Bayou, approximately 2.3 miles upstream of 1 -10 and terminating 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. At 6:41 P.M., Mayor Pro Tem Presley opened and conducted a first public hearing regarding the annexation of approximately 18.75 acres of land located in Old Cedar Bayou, approximately 2.3 miles upstream of I -10 and terminating 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. In summarizing agenda items 4.a. and 4.b., Mrs. Foster stated that this is a voluntary annexation of the old alignment of Cedar Bayou approximately 18.75 acres of land approximately 2.3 miles upstream of I -10 and terminating 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. She stated that they've been working with the Port of Houston to identify which portion of land is within their jurisdiction to allow the City to annex that portion and increase the ETJ furthermore. With there being no one. registered to speak, Mayor Pro Tem Presley closed the first public hearing at 6:41 P.M. b. Conduct a second public hearing regarding the annexation of approximately 18.75 acres of land located in Old Cedar Bayou, approximately 2.3 miles upstream of I -10 and terminating approximately 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. At 6:41 P.M., Mayor Pro Tem Presley opened and conducted a second public hearing regarding the annexation of approximately 18.75 acres of land located in Old Cedar Bayou, approximately 2.3 miles upstream of 1 -10 and terminating approximately 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. With there being no one registered to speak, Mayor Pro Tem Presley closed the second public hearing at 6:41 P.M. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing a refund of utility service overpayments made by Spring Meadow Municipal Utility District. City Council Regular Meeting Minutes June 11, 2015 Page 4 of 10 Acting City Manager Bottoms stated that this item was previously discussed, but was currently not ready for more discussion and will be brought before council in a different form. Mayor Pro Tern Presley stated that with advice from the City Attorney, this item is not ready. b. Consider an ordinance authorizing additional funds for the Professional Service Agreement with Bureau Veritas North America, Inc., for construction plan review of residential and commercial projects. Mrs. Foster presented the agenda item and stated that the planning department currently has two vacancies for positions that are critical to the plan review time and inspection services; therefore Bureau Veritas North America, Inc. ( "BVNA ") a third party company that the City has been working with for the last three to four months was chosen to assist with reviewing the larger commercial plans. She stated that this contract does not include the plan reviews that are done by the planning division, the engineering department, public works, the health department, environmental division, or the fire department. Mayor Pro Tern Presley stated that he was concerned that because the contract was funded by the salary savings from the vacant positions of the plans examiner and inspector which could hinder those positions from being filled for a period of time. Acting City Manager Bottoms stated that the positions to date have not been filled as the fiscal year is near end and the funds are from the existing salary savings already accrued. Additionally, Mayor Pro Tern Presley stated that he was concerned with having multiple overseers and having experience in dealing with the department there has been an issue of the final determination coming from different sources. hi addressing Mayor Pro Tem Presley's concern regarding the multiple overseers, Mrs. Foster stated that BVNA is following all of the City's rules and that all final comments are reviewed by the Chief Building Official before any rejection letters or permits are issued. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,879. The vote was as follows: Ayes: 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 Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes June 11, 2015 Page 5 of 10 ORDINANCE NO. 12,879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ADDITIONAL FUNDING FOR THE PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERTTAS NORTH AMERICA, INC., IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND N01100 DOLLARS ($50,000.00) FOR THE REVIEW OF COMMERCIAL AND RESIDENTIAL CONSTRUCTION PLANS; MAKING OTHER PROVISIONS THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ( "JAG ") Program, FY2015 Local Solicitation on behalf of the Baytown Police Department. Assistant Chief, Roger Clifford presented the agenda item and stated that Resolution No. 2360 authorizes the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ( "JAG ") Program, FY2015 Local Solicitation on behalf of the Baytown Police Department. He stated that the grant is awarded based on the crime statistics from the previous year and is used to support the Police Department overtime for the Firearms Training Simulator ( "FATS ") Instructors and directed neighborhood patrols. Council Member McCartney inquired if the grant being based on the previous year's crime statistics meant that if the statistics are lower/higher the grant amount is lower/higher. In response to Council Member McCartney's inquiry, Chief Clifford stated that if the statistics are low than the funding amount would be low and same if it were higher. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2360. The vote was as follows: Ayes: 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 Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes June 11, 2015 Page 6 of 10 RESOLUTION NO. 2360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACTING CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ( "JAG ") PROGRAM, FY2015 LOCAL SOLICITATION IN THE AMOUNT OF EIGHTEEN THOUSAND FIVE HUNDRED FORTY -TWO AND NO /100 DOLLARS ($18,542.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting the petition of Koudetka, LLC for the annexation of approximately 21.82 acres about 1200 feet west of Garth Road on the north side of the proposed Santavy Street right -of -way and legally described as land in Washington County Railroad Company (W.C.R.R.) Survey Number 1, Abstract No. 899, being part of and out of Block 20, Highland Farms, Harris County, Texas. Mrs. Foster presented the agenda item and stated that this acreage is located behind the new Kroger Market place on Garth Road. She stated that there was an inclusive component of the initial Kroger Market Place Project for a multi - family development. She stated that the developer is requesting annexation of this land and that there's also a zoning case being prepared for this land that's running concurrently. She further stated that in working with the developer there's an understanding that they'll be entering into an agreement in the future to extend the Santavy Road that Kroger's has already developed to the end of their property and extending it to the end of this property where intersecting at the proposed San Jacinto Boulevard. Council Member Capetillo inquired if the development of the units were market based multi- family. Mrs. Foster stated that the units were market based multi- family. In regards to multi - family development, Mayor Pro Tern Presley stated that some years ago, the City put a halt on affordable multi - family and in the past several years there has been market rate multi - family. He stated that the City has proposed some informal preliminary standards to multi- family such as, allowing a certain number of units or separation between the complexes and communities, and this proposed unit is almost adjacent to the Rosemont community. He stated that his concern is that the City overlook those standards at times and also turn other projects down in some cases where the informal standards were met. He recommended that a policy be considered to let developers know what the City wants and to avoid potential political issues. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Resolution No. 2361. The vote was as follows: City Council Regular Meeting Minutes June 11, 2015 Page 7 of 10 Ayes: 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 Other: Mayor Stephen DonCarlos (Absent) Approved RESOLUTION NO. 2361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF KOUDELKA, LLC FOR THE ANNEXATION OF APPROXIMATELY 21.82 ACRES SITUATED IN WASHINGTON COUNTY RAILROAD COMPANY (W.C.R.R.) SURVEY NUMBER 1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. MOTIONS a. Discuss and consider possible amendments to the City Charter of the City of Baytown. City Attorney, Ignacio Ramirez presented the agenda item and stated that at the last meeting, the Charter Committee submitted their recommended changes to the charter. He stated that per Council's direction regarding the recommended changes, legal staff will prepare the ballot language. Additionally, he stated that a council member made a proposed amendment in addition to the recommendations received from the Charter Committee. Mayor Pro Tern Presley made a recommendation to discuss only the amendments that Council had concerns about rather than discussing each recommendation individually. Council Member Sain opened the discussion and made a recommendation to delete Section 22 -1 from the Charter that addresses the fire department staffing. He stated that it was a citizen's request for this item to be put into the Charter for a vote and nothing has been inquired about this item since. The consensus of the attending council members was to leave this item up to the voters. During further discussion as it relates to residency recommendation, Mayor Pro Tern Presley stated that his concern was that the city would be put in a peculiar position because they would have to rule on the matter of facts in a sense doing the duties of a court. Mr. Ramirez stated that residency has always been a difficult area of election law and in several cases in this regards, it City Council Regular Meeting Minutes June 11, 2015 Page 8 of 10 tends to revolve around the intent of where the person intends to make their domicile. Mr. Ramirez stated that the court allowed for a person to move away from their domicile temporarily and retain that residency with the intent of returning. He further stated that the court have not given a definition of what temporary is which goes towards the facts of the intent which is determined by the courthouse. Mr. Ramirez stated that if the residency amendment is put into the charter and it becomes automatic it brings the question of who tells the council member that they are longer a member of council, as well as, possibly allow that person potential litigation standing. He stated that in the event that a complaint is received that a council member is living outside the City, he would recommend hiring outside counsel to investigate. He stated that ultimately if there is a case to remove a council member for such it would need to be done in a Quo warranto proceeding which is done by the attorney general or district attorney who ultimately brings the lawsuit. Mayor Pro Tom Presley inquired for clarity that as the charter currently reads if that could be done currently without the amendment. In response to Mayor Pro Tem Presley's inquiry for clarity purposes, Mr. Ramirez stated that this could be done because there is a requirement that a council member reside in the district that they are elected to. Mayor Pro Tem Presley further inquired if a remedy was in place if that was to happen through the Quo warranto proceeding. Mr. Ramirez stated that there wasn't a clear cut remedy, but that the amendment being proposed better connects Section 12 & 13 and provides a remedy for Section 12. During further discussion, Council Member Capetillo inquired as to what certifies a residency. Mr. Ramirez stated that a document with the person's signature certifying that they live at the specific address, such as an affidavit. During further discussion, Mayor Pro Tem Presley stated that after hearing from each member of council there was not a clear direction to recommend moving forward and recommended that this agenda item be deferred to another meeting. 8. CONSENT A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving consent agenda item 8.a. The vote was as follows: Ayes: 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 Other: Mayor Stephen DonCarlos (Absent) Approved a. Consider an ordinance approving a Professional Service Agreement with Alan Plummer Associates, Inc., for the Baytown Area Water Authority Water Treatment Plant Water System Improvement Project. City Council Regular Meeting Minutes June 11, 2015 Page 9 of 10 ORDINANCE NO. 12,880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ALAN PLUMMER ASSOCIATES, INC., FOR THE BAYTOWN AREA WATER AUTHORITY WATER TREATMENT PLANT WATER SYSTEM IMPROVEMENTS PROJECT IN THE AMOUNT OF EIGHTY THOUSAND FIFTY -SIX AND NO /100 DOLLARS ($80,056.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. ECONOMIC DEVELOPMENT AGREEMENT a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have locate, stay, or expand in or near the City and with which the governmental body is conducting economic development negotiations. At 7:32 P.M., Mayor Pro Tem Presley recessed into and conducted an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have locate, stay or expand in or near the City and with which the governmental body is conducting economic development negotiations. At 7:55 P.M., Mayor Pro Tern Presley 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. Agenda items 9.b., 9.c., and 9.d. weren't considered. b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding a development project. C. Consider an ordinance authorizing a Chapter 380 Agreement for an economic development project. d. Consider an ordinance authorizing a Chapter 380 Agreement for an economic development project. 10. MANAGER'S REPORT There was no report. City Council Regular Meeting Minutes June 11, 2015 Page 10 of 10 11. ADJOURN A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain adjourning the June 11, 2015, City Council Regular Meeting. The vote was as follows: Ayes: 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 Other: Mayor Stephen DonCarlos (Absent) Approved With there being no further business to discuss, Mayor Pro Tem Presley adjourned the June 11, 2015, City Council Regular Meeting at 7:55 P.M. ehcia Brysch, City Cler r 6p. N.��• IT�� of to �� ;