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2015 07 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 23, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 23, 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 Council Member Robert Hoskins Council Member Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the July 23, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who arrived at 6:34 P.M., and Council Member McCartney who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on June 25, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the June 25, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent), Council Member Mercedes Renteria III (Not Present for Vote) City Council Regular Meeting Minutes July 23, 2015 Page 2 of 27 Approved b. Consider approving the City Council Special meeting minutes, held on June 30, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the June 30, 2015, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent), Council Member Mercedes Renteria III (Not Present for Vote) Approved Mayor DonCarlos made a statement about the animal control as it relates to the concerns presented at the last council meeting. He stated that the information has been presented to the police department for a thorough investigation and has been passed on to the district attorney. He stated that if there's any result of wrong doing it be dealt with accordingly. Additionally, he stated that the abuse towards the City's personnel will not be tolerated and will also be addressed accordingly. Mayor DonCarlos stated for clarity that facility is an animal control facility and not an animal shelter. City Manager Davis stated that the steps to addressing the animal control concerns includes an internal study and efficiency audit of the facility's policy and procedures to identify potential improvements by utilizing the animal control advisory committee and a panel of three (3) veterinarians and animal service professionals. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize Assistant Fire Chief Victor Medrano for successfully completing all of the curriculum and research requirements of the U.S. Fire Administration's National Fire Academy's (NFA) "Executive Fire Officer Program ". Fire Chief, Shon Blake presented the agenda item and stated that Assistant Chief Victor M. Medrano, Sr. successfully completed the Executive Fire Officer Program (EFOP) which is a four -year commitment that included a required attendance of a two -week course each year, as well as, a written applied research project for each course to demonstrate application of course theory. City Council Regular Meeting Minutes July 23, 2015 Page 3 of 27 b. Recognize City of Baytown Employees for their years of service (5, 10, 15, plus years). Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service (5, 10, 15, plus years). 5 Year Alisha Segovia, Deputy City Clerk Tracy Woolston, HR Assistant 10 Year Jeffrey Spencer, Police Patrol Officer 20 Year Dale Hughes, Engineering Senior Project Coordinator 3. PROPOSED REZONING 7.43 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.43 acres generally located on the west side of Baytown Central Boulevard, legally described as Restricted Reserve "F -211, Block 1, Baytown Central Amending Plat, Baytown, Harris County, Texas, from General Commercial (GC) to High Density Residential Dwelling Units (MF3). At 6:44 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.43 acres generally located on the west side of Baytown Central Boulevard, legally described as Restricted Reserve "F -2 ", Block 1, Baytown Central Amending Plat, Baytown, Harris County, Texas, from General Commercial (GC) to High Density Residential Dwelling Units (MF3). Director of Planning and Development Services, Ms. Tiffany Foster stated that this agenda item is for an application to rezone approximately 7.43 acres of land on Baytown Central Boulevard just south of Cedar Bayou Lynchburg Road and east of Garth Road which is currently vacant. She stated that the applicant is requesting a zoning change to MF3 that allows up to 30 units per acre of development of multi - family units. With there being no one registered to speak, Mayor DonCarlos closed the public hearing regarding agenda item 3.a. at 6:46 P.M. Mayor DonCarlos requested that administration do a study during the approval process of the three (3) apartment complexes that are in the pipeline to determine what the ratio is between multi - family and single family and how the City of Baytown compares to other communities in like size. Council Member Presley stated that the pace for multi - family developments is surmounting the pace of the single family developments. He further stated that a number of years back Council City Council Regular Meeting Minutes July 23, 2015 Page 4 of 27 stated that there was enough affordable housing without requesting a study and therefore could do the same in this case of multi - family. b. Consider a proposed amendment to the official zoning map to rezone approximately 7.43 acres generally located on the west side of Baytown Central Boulevard, legally described as Restricted Reserve "F -2 ", Block 1, Baytown Central Amending Plat, Baytown, Harris County, Texas, from General Commercial (GC) to High Density Residential Dwelling Units (MF3). A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,901. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,901 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 7.43 ACRES GENERALLY LOCATED ON THE WEST SIDE OF BAYTOWN CENTRAL BOULEVARD, LEGALLY DESCRIBED AS RESTRICTED RESERVE "F -2 ", BLOCK 1, BAYTOWN CENTRAL AMENDING PLAT, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A GENERAL COMMERCIAL (GC) DISTRICT TO A HIGH DENSITY RESIDENTIAL DWELLING UNITS (MF3) 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. 4. PROPOSED AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE U( LDC) a. Conduct a public hearing concerning amending the text of the Unified Land Development Code (ULDC) related to definitions, land uses and land use conditions, including those pertaining to food service establishments, outdoor storage, containers, storage building, large to small vehicle sales or leasing, warehouse and freight movement, vehicle storage, equipment sales and rental facilities, and accessory uses. City Council Regular Meeting Minutes July 23, 2015 Page 5 of 27 At 6:55 P.M., Mayor DonCarlos opened and conducted a public hearing concerning amending the text of the Unified Land Development Code (ULDC) related to definitions, land uses and land use conditions, including those pertaining to food service establishments, outdoor storage, containers, storage building, large to small vehicle sales or leasing, warehouse and freight movement, vehicle storage, equipment sales and rental facilities, and accessory uses. Mrs. Foster stated that the application regarding this agenda item was put forth by staff as they were going through and making revisions to the ULDC which was adopted two (2) years ago. She stated that the amendments to the text of the Unified Land Development Code (ULDC) to amend land uses, land use conditions, and definitions for the following items: food service establishments, outdoor storage (large, small), containers, storage buildings, vehicle or boat sales, rental or leasing facility (large, small), warehouse and freight movement, vehicle storage, equipment sales and rental facilities, and accessory uses. She stated that the Planning and Zoning Commission wanted to revisit allowing a drive thru in the ACE District by submittal of a special use permit. With there being no one registered to speak, Mayor DonCarlos closed the public hearing regarding agenda item 4.a. at 6:58 P.M. b. Consider an ordinance to amend the Unified Land Development Code (ULDC) text relating to definitions, land uses and land use conditions, including those pertaining to food service establishments, outdoor storage, containers, storage building, large to small vehicle sales and leasing, warehouse and freight movement, vehicle storage, equipment sales and rental facilities, and accessory uses. For clarity purposes regarding specific changes as it relates to storage buildings, Ms. Foster stated that there was no allowance for non - residential development to have storage onsite, therefore, the amendment allows for outdoor storage and storage buildings for an accessory use to a primary use that is in the commercial district or non - residential district. She stated that this allowance is currently in the residential districts and that this application does not cover anything in the residential districts. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,902. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved City Council Regular Meeting Minutes July 23, 2015 Page 6 of 27 ORDINANCE NO. 12,902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES "; AND TABLE 2 -3 "NON- RESIDENTIAL ACCESSORY USE TABLE "; SECTION 2.10 "LAND USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS," SUBSECTION A "NON- RESIDENTIAL CATEGORIES," SUBSECTIONS 9, 10, 11, AND 12; SECTION 2.10 "LAND USE CONDITIONS," SUBSECTION A "NON- RESIDENTIAL CATEGORIES," SUBSECTIONS 7, 9, 10, 11, 12, 40, 42, 52, AND 53; AND ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, IN ORDER TO REVISE CERTAIN DEFINITIONS, LAND USES AND LAND USE CONDITIONS; INCLUDING THOSE PERTAINING TO CONTAINERS; FOOD SERVICE ESTABLISHMENTS; OUTDOOR STORAGE; VEHICLE AND BOAT SALES, RENTAL OR LEASING FACILITY; VEHICLE STORAGE; AND "WAREHOUSE AND FREIGHT MOVEMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a proposed amendment to the Unified Land Development Code (ULDC) text adding definitions, land uses and land use conditions, including those pertaining to manufacturing, laydown yard, storage building, outside sales and display, accessory structures, building frontage and driveway approach. At 7:01 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the Unified Land Development Code (ULDC) text adding definitions, land uses and land use conditions, including those pertaining to manufacturing, laydown yard, storage building, outside sales and display, accessory structures, building frontage and driveway approach. Mrs. Foster stated that the application in this agenda item is regarding uses and definitions that are not currently in the ULDC. She stated that the amendments to the text of the Unified Land Development Code (ULDC) to add land uses, land use conditions, and definitions for the following items: manufacturing (custom, heavy, light), laydown yard, storage building, outdoor sales and display, accessory structures, building frontage, and driveway approach. With there being no one registered to speak, Mayor DonCarlos closed the public hearing regarding agenda item 4.c. at 7:06 P.M. City Council Regular Meeting Minutes July 23, 2015 Page 7 of 27 d. Consider an ordinance adding new text to the Unified Land Development Code (ULDC) relating to definitions, land uses, land use conditions, and definitions, including those pertaining to manufacturing, storage building, outside sales and display, accessory structures, building frontage, and driveway approach. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,903. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES "; AND TABLE 2 -3 "NON- RESIDENTIAL ACCESSORY USE TABLE "; SECTION 2.10 "LAND USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS, "; AND ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, IN ORDER TO REVISE CERTAIN DEFINITIONS, LAND USES AND LAND USE CONDITIONS; INCLUDING THOSE PERTAINING TO MANUFACTURING, OUTDOOR STORAGE, ACCESSORY STRUCTURES, BUILDING FRONTAGE, AND DRIVEWAY APPROACH; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing an extension to the Agreement for Emergency Protection Services with Chambers County Improvement District No. 1. City Manager Davis presented the agenda item and stated that Ordinance No. 12,904 authorizes an extension to the Agreement for Emergency Protection Services with Chambers County Improvement District No. I (CCID No. 1), in which fire protection services are provided within the boundaries of CCID No. 1 and in exchange for services provided by the City the District agrees to make annual payments to the City that are subject to an annual increase based upon the City Council Regular Meeting Minutes July 23, 2015 Page 8 of 27 CPI -U. He stated that the reassessment of the property in the area by which the formula utilized is sensitive to property values which resulted in a fee that escalated and because of the escalation, CCID No. 1 requested for a deference of 90 days in order to access and accommodate the fiscal effects of such. He further stated that staff's recommendation is to allow a maximum 90 day extension to CCID No. 1. During further discussion, Council Member Presley inquired if the escalated accessed values were anticipated at the time of the doing the particular formula, and if so, was the increase much more than anticipated or was there an error made when the formula was put in place. City Manager Davis stated that there has been significant escalation in the valuation of properties in that area and he could conjecture that because of such, the district thought it was imperative that they reevaluate their fiscal situation. Mayor DonCarlos further stated that to his understanding that when preparing the budget, CCID didn't foresee this situation to take place. Mayor DonCarlos requested for administration to have discussion on the assessment of the how the formula is applied for possible effects of same like circumstances. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,904. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXTENSION TO THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Partial Assignment and Assumption Agreement of Certain Rights and Obligations of the Master Settlement Agreement and authorizing the Assignment of the Industrial District Agreement from J. Jennings Investments, L.P., to JR Intermodal Resources, Ltd. City Attorney, Ignacio Ramirez presented the agenda item. He stated that a Master Settlement Agreement and an Industrial District Agreement resulted after many negotiations regarding the City Council Regular Meeting Minutes July 23, 2015 Page 9 of 27 barge terminal. He stated that Ordinance No. 12,905 authorizes the Partial Assignment and Assumption Agreement of Certain Rights and Obligations of the Master Settlement Agreement and authorizing the Assignment of the Industrial District Agreement from J. Jennings Investments, L.P. ( "Jennings Investments ") to JR Intermodal Resources, Ltd. ( "Intermodal Resources "). He further stated that Intermodal Resources is a limited liability company in which Jennings Investments serves as a limited partner and the members of Intermodal Management are Johnnie G. Jennings, Jr. and Nolan Richardson. Mayor DonCarlos stated as a point of clarification, that there were no additional rights or responsibilities on either side. In response to the inquiry, Mr. Ramirez stated that he was correct. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,905. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT OF CERTAIN RIGHTS AND OBLIGATIONS OF THE MASTER SETTLEMENT AGREEMENT AND THE ASSIGNMENT OF THE INDUSTRIAL DISTRICT AGREEMENT FROM J. JENNINGS INVESTMENTS, L.P. TO JR INTERMODAL RESOURCES, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the abandonment and sale of the City's interest in the surface portion of Old Cedar -Bayou Lynchburg Road right -of -way, located southwest of the intersection of Cedar Bayou- Lynchburg Road and North Main Street to the immediately adjacent landowners Eddie V. Gray, Trustee and Eddie Vaughn Gray, Trustee; Fred C. Dittman, Jr.; Nisha Dittman; Jesus Ceja Flores, and Celia Torres. With there being no discussion, City Manager Davis requested that this agenda item be deferred indefinitely due to the lack of signatures received. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving to defer this agenda item to a later date. The vote was as follows: City Council Regular Meeting Minutes July 23, 2015 Page 10 of 27 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved 6. ANNEXATION OF 80.998 ACRES INTO CHAMBERS COUNTY MUD NO. 1 a. Consider a resolution granting consent to the inclusion of 80.998 acres in the William Bloodgood Augmented Survey, Abstract No. 3 and the Chambers County School Land Survey Number 3, Abstract No. 321, Chambers County, Texas, into Chambers County Municipal Utility District No. 1. Mrs. Foster presented the agenda item and stated that Resolution No. 2364 grants consent to the inclusion of 80.998 acres in the William Bloodgood Augmented Survey, Abstract No. 3 and the Chambers County School Land Survey Number 3, Abstract No. 321, Chambers County, Texas, into Chambers County Municipal Utility District No. 1 (the "District'). She stated that the Texas Local Government Code requires that any municipal district annexing land within the extraterritorial jurisdiction ( "ETY) receive the consent from that municipality of that ETJ and therefore, the owner and the developer requested to be included into the MUD and be provided services. She further stated that they along with the MUD itself request for the City to consent to this annexation. Mayor DonCarlos stated that Mr. Gray is developing this area for mixed use development. He further stated that the City has a strategic partnership agreement with Chambers County MUD No. 1 that calls for it to be susceptible to annexing it in the year 2021 and this property will eventually be part of the city. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Brandon Capetillo approving Resolution No. 2364. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved City Council Regular Meeting Minutes July 23, 2015 Page 11 of 27 RESOLUTION NO. 2364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 80.998 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the Declarations of Covenants and Restrictions for Kilgore Parkway and Highway 146, Chambers County, Texas. Mrs. Foster presented the agenda item and stated that this item is associated with the previous agenda item that was considered. She stated that when going through this type of annexation into the MUD the City has the ability to enter into a strategic partnership agreement, in which the City currently already has with the Chambers County MUD. She further stated that after the annexation is done through the MUD side and because there's already a strategic partnership agreement with Chamber County MUD, the City and the MUD will enter into an amendment to the existing strategic partnership agreement which will allow the City to annex this area for limited purpose annexation, in which, under the rules for limited purpose annexation the City's zoning code does apply. She stated that knowing that this area will be part of the City in the future staff wanted to be sure that the development standards also be applied just as it does to the rest of the City so they worked with the developer to prepare some declarations and covenants covering the development until such time that the area is annexed for limited or full purposes. Council Member Presley stated that based on the zoning code appliance for limited purpose if the property would be brought in as open space recreational as usual because in reviewing the map of the land uses that were applied some were single family and a large portion were multi- family. Mrs. Foster stated that they would do a zoning change concurrently and apply the land uses that they feel are appropriate. Council Member Presley further stated that in light of having the discussion from a previous agenda item and directing administration to do a study regarding multi - family if Council was prepared to consent to staff's recommendation for a large multi- family piece of property. In response to Council Member Presley's inquiry of Council being prepared to consent to staff's recommendation for this item, Mayor DonCarlos stated that he came to the conclusion that this area is pretty remote from the City and will be for some time therefore by its time of annexation the City's housing will be better. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Brandon Capetillo approving Ordinance No. 12,906. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes July 23, 2015 Page 12 of 27 Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE DECLARATIONS OF COVENANTS AND RESTRICTIONS FOR KILGORE PARKWAY AND HIGHWAY 146, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. PROPOSED RESOLUTIONS a. Consider a resolution supporting the Chambers County Mayors Coalition's resolution for a coastal barrier system to protect the Houston/Galveston region from storm surge and sub - tropical rain events. Mayor DonCarlos stated that he requested for this item to be put on the agenda for discussion. He stated that Resolution No. 2365 supports the Chambers County Mayors Coalition's resolution and urges the state legislators to fund and undertake the necessary studies to continue the development for a coastal barrier system to protect the Houston/Galveston region from storm surge and sub - tropical rain events. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2365. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved RESOLUTION NO. 2365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS SUPPORT OF CHAMBERS COUNTY MAYORS COALITION'S EFFORTS TOWARDS A COASTAL BARRIER SYSTEM TO PROTECT THE HOUSTON /GALVESTON REGION FROM STORM SURGE AND THE SUB - TROPICAL RAIN EVENTS, INCLUDING STATE FUNDING FOR A COMPREHENSIVE STUDY TO DETERMINE THE MOST City Council Regular Meeting Minutes July 23, 2015 Page 13 of 27 EFFECTIVE COASTAL BARRIER SYSTEM TO SAFEGUARD THE REGION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the City to apply to the Houston Ship Channel Security District on behalf of the City of Baytown's Fire and Police Departments. Police Chief Keith Dougherty presented the agenda item and stated that Resolution No. 2366 authorizes the City Manager to submit a request for support to the Houston Ship Channel Security District ( "HSCSD ") on behalf of the Baytown Fire Department and Police Department DIVE Team to purchase a specialized truck to support the Type I USRT/DIVE Team. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2366. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT (HSCSD) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT AND THE BAYTOWN POLICE DEPARTMENT THE AMOUNT OF THIRTY -TWO THOUSAND ONE HUNDRED EIGHTY -FIVE AND 87/100 DOLLARS ($32,185.87); AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution authorizing the Mayor to send SBE Chemical Partners I LLC, a letter of the City Council's intent to establish a reinvestment zone and to consider granting tax abatement agreements. Mr. B.J. Simon presented the agenda item and stated that this item is regarding a tax abatement application submitted by SBE Chemicals. He stated that this project has been in due diligence for about 14 months and includes several partners. He stated that this is a competitive project with Texas being one of the three states chosen for a site and Baytown being the only site in Texas. Mr. Simon stated that the proposed construction start date is in January of 2016. He stated that the last time the City considered tax abatement for a project of this sort in the City limits was to the TPC facility on Baker Road. He stated that this project is a petrochemical facility and the City Council Regular Meeting Minutes July 23, 2015 Page 14 of 27 site as it stands currently used to be in an Industrial District Agreement and was re- annexed about three (3) years ago therefore qualifies for tax abatement. He further stated that the project meets the minimum threshold for investment and job creation and would be complimentary to the other projects in the area. Mayor DonCarlos stated that he requested for the company to consider appropriate screening and granting to the City right -of -way for future expansion for Needlepoint Road. He stated that they've agreed to bring in their construction traffic in route of the I -10 service road and that he was told that this would not cause noise like pollution to the surrounding neighborhood. Mr. Robert Toker of SBE Chemical Partners I LLC, stated the project has a very mild process with a good safety profile, as well as, a very low emissions profile and environmental impact. He stated that the construction and trucking traffic will be going onto the I -10 service road and they anticipate a fast build time with expected operations to begin in about 14 months from start of construction. Additionally, he stated that they would like to do more projects on this site. Council Member Presley inquired if the tax abatement of this Resolution would mirror what is done with the IDA's currently or if it would be negotiated. Mr. Simon stated that there may be some negotiations to the contract but there is a standard five (5) year tax abatement schedule. A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley approving Resolution No. 2367. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved RESOLUTION NO. 2367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO SEND SBE CHEMICAL PARTNERS I LLC, A LETTER OF THE CITY COUNCIL'S INTENT TO ESTABLISH A REINVESTMENT ZONE AND TO CONSIDER GRANTING TAX ABATEMENT AGREEMENTS THEREIN SHOULD ALL OF THE REQUIREMENTS OF BOTH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT AND THE GUIDELINES AND POLICIES ADOPTED BY COUNCIL BE SATISFIED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 23, 2015 Page 15 of 27 8. MUNICIPAL BUDGET FY 2015 -16 a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year 2015 -16. City Manager Davis presented the agenda item and stated that the City Charter provides in Article V, Section 41 that "the City Manager, at least sixty days prior to the beginning of each budget year, shall submit to the Council a proposed budget and an explanatory budget message. He stated that Council may accept or modify the proposed budget prior to adoption and is required to adopt an annual budget no later than September 27th of each year. He stated that the budget highlights included: no tax rate increase, completes year three (3) of the compensation plan merit increases and adds a one (1) month holiday for employee's share of health insurance, the continuance of economic development in all areas of Baytown, the assurance that the infrastructure keeps pace with the demand of growth, the continued enhancements and improvements of public safety, and to strategically plan for the FY 2017 -18 budget. b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown FY 2015 -16 Proposed Budget. Mrs. Brysch stated that public hearing for the City of Baytown FY 2015 -16 Proposed Budget is scheduled for Thursday, August 13, 2015, at 6:30 P.M., in the Council Chamber. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the public hearing to be scheduled for August 13, 2015, at 6:30 P.M., in the City Council Chamber. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2015 -2016 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mrs. Brysch stated for correction that the public hearing is scheduled for August 27, 2015, at 6:45 P.M., in the City Council Chamber. City Council Regular Meeting Minutes July 23, 2015 Page 16 of 27 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain Motion to address the previous agenda item 8.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Brandon Capetillo approving the public hearing to be scheduled for August 27, 2015, at 6:45 P.M., in the City Council Chamber. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved C. Consider a resolution setting a budget work session to discuss the Fiscal Year 2015- 16 Municipal budget. Mrs. Brysch stated that the budget work session is scheduled to convene after the regularly scheduled Baytown Municipal Development District (MDD) meeting on Thursday, August 06, 2015, at 5:00 P.M., in the City Council Chamber. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2368. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved City Council Regular Meeting Minutes July 23, 2015 Page 17 of 27 RESOLUTION NO. 2368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL WORK SESSION MEETING TO BE HELD ON AUGUST 6, 2015, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. a. Receive the 2015 -16 Fiscal Year Budget of the Baytown Crime Control and Prevention District. Finance Director, Louise Richman presented the agenda item and stated that the Board of Directors ( "Board ") of the Baytown Crime Control and Prevention District ( "CCPD ") met on July 14, 2015, and approved its 2015 -16 Fiscal Year budget with revenues of $1,567,319 and expenditures of $1,829,843. She stated that after the budget has been received by the City Council there will be a public hearing that's scheduled for August 13, 2015, and consideration for the approval of the budget is scheduled for August 27, 2015. She further stated that City Council must approve or reject the proposed budget no later than 30 days before October 01, 2015, and may not amend the proposed budget, only approve or reject it. She stated that if it is rejected, the City Council and the CCPD Board shall meet and together amend and approve the budget before October 01, 2015. b. Receive the 2015 -16 Fiscal Year Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Ms. Richman presented the agenda item and stated that the Board of Directors ( "Board ") of the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) met on Tuesday, July 21, 2015, and approved its 2015 -16 Fiscal Year budget with revenues of $1,621,316 and expenditures of $1,870,306 with the expenditures being $143,870 less than originally projected. She stated that the public hearing for this budget is scheduled for Thursday, August 13, 2015, and consideration for the approval of the budget is scheduled for August 27, 2015. She further stated that the same criteria for the CCPD Board apply to this Board. Mayor DonCarlos inquired if item listed as New #1 Fire Technology Equipment and Capital Equipment Apparatus of approximately 5600,000 was for the purchase of a new fire truck. Ms. Richman stated that the fund amount will be put into the CIP to build the funds to purchase a new fire truck. During further discussion, Council Member Sain inquired if the items that were taken out of capital in the amount of $143,870 were used elsewhere. Chief Shon Blake stated that the directive was to put the funds towards the fire training field in which they've already worked with the architect to include an additional restroom and to acclimatize it. City Council Regular Meeting Minutes July 23, 2015 Page 18 of 27 10. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2015. Ms. Richman presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2015, will be presented to Council. She stated that the Finance Subcommittee met on July 21, 2015, for a detailed review and analysis of these reports. In regards to revenues, she stated that as of July 14, aquatics reached over $2 million, hotel/motel is 118% of budget, and water and sewer is at 78% of budget. In regards to expenditures, she stated that the general, aquatic, hotel/motel, and the water and sewer funds were all under the 75% benchmark. She further stated that the solid waste fund was 91 % of budget and is always higher because waste management is encumbered at the beginning of the fiscal year. Additionally, she stated that the interest rate was .2301% and there was $129 million in the portfolio. 11. CONSENT City Manager Davis stated that consent agenda items l l.h. l l.i. and l Lk didn't have certificates of nonindebtedness and further needed to be approved contingent upon the receiving of the certificate. A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III consent agenda items I l.a. -1 I.g., 1 I.j, and I I.L: 1 I.n. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with GE Mobile Water, Inc. ORDINANCE NO. 12,911 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 GE MOBILE WATER, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 23, 2015 Page 19 of 27 b. Consider an ordinance denying proposed rate increase of CenterPoint Energy Resources Corp., d/b /a CenterPoint Entex and CenterPoint Energy Texas Gas C'CenterPoint ") and approving a settlement that includes an increase that is $2.3 million less than proposed by CenterPoint. ORDINANCE NO. 12,912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TEXAS COAST UTILITIES COALITION OF CITIES AND CENTERPOINT ENERGY RESOURCES CORP., DB /A CENTERPOINT ENTEX AND CENTERPOINT ENERGY TEXAS GAS REGARDING THE COMPANY' S STATEMENT OF INTENT TO CHANGE GAS UTILITY RATES IN ITS TEXAS COAST DIVISION; DECLARING EXISTING RATES TO BE UNREASONABLE; DENYING CENTERPOINT S PROPOSED INCREASE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THE CITY' S RATE CASE EXPENSES REASONABLE; DIRECTING CENTERPOINT TO REIMBURSE THE CITY ITS REASONABLE RATE CASE EXPENSES; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR RESOLUTIONS OR ORDINANCES INCONSISTENT WITH THIS ORDINANCE AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Water Supply and Waste Disposal Agreement with Chambers County Improvement District No. 2. ORDINANCE NO. 12,913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A WATER SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Cost -Share Agreement with Stanmore /ADEF Baytown, LP, for a waterline extension and abandonment project and a lift station upgrade project. ORDINANCE NO. 12,914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COST -SHARE AGREEMENT WITH STANMORE /ADEF BAYTOWN, LP, FOR A WATERLINE City Council Regular Meeting Minutes July 23, 2015 Page 20 of 27 EXTENSION AND ABANDONMENT PROJECT AND A LIFT STATION UPGRADE PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution approving the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. RESOLUTION NO. 2369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the acceptance and release of retainage for the 2007 Street Bond Program - Year 5. ORDINANCE NO. 12,915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2007 STREET BOND PROGRAM -- YEAR 5; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED EIGHTY -THREE THOUSAND FOUR HUNDRED EIGHTY -NINE AND 85/100 DOLLARS ($183,489.85) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the conveyance of a pipeline easement to Dow Hydrocarbons and Resources, LLC. ORDINANCE NO. 12,916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE EASEMENT TO DOW HYDROCARBONS AND RESOURCES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc. ORDINANCE NO. 12,910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH BRENNTAG SOUTHWEST, INC., SUCCESSOR IN INTEREST TO ALTIVIA CORPORATION, FOR THE City Council Regular Meeting Minutes July 23, 2015 Page 21 of 27 ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY -FOUR AND NO 1100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution adopting the HUD 5 -Year Consolidated Plan for 2015 -2019 for the City of Baytown. RESOLUTION NO. 2370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE HUD 5 -YEAR CONSOLIDATED PLAN FOR 2015- 2019 FOR THE CITY OF BAYTOWN AND AUTHORIZING THE SUBMISSION OF SUCH PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development ( "HUD ") for the 2015 -2016 Community Development Block Grant ( "CDBG ") funds and designating an authorized representative to accept any grant awarded as a result of the application. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2015 -2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; 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. n. Consider a resolution adopting the 2015 -2019 Citizen Participation Plan for the Community Development Block Grant (CDBG) Program. RESOLUTION NO. 2372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE 2015 -2019 CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 23, 2015 Page 22 of 27 A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Terry Sain approving consent agenda items l Lh, l Li, and l l.k. contingent upon receipt of certificate of non - indebtedness. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved ll.h. Consider an ordinance awarding the Hayes Road Emergency Manhole Repair Project to PM Construction & Rehab, LLC. ORDINANCE NO. 12,908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY -SIX THOUSAND NINE HUNDRED SEVEN AND 18/100 DOLLARS ($136,907.18) TO PM CONSTRUCTION & REHAB, LLC, FOR THE HAYES ROAD EMERGENCY MANHOLE REPAIR PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing Change Order No. 2 to the CDBG Housing Building and Structural Improvements Project with JC Stonewall Constructors. ORDINANCE NO. 12,909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH JC STONEWALL CONSTRUCTORS, LP, FOR CDBG NON - HOUSING BUILDING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF FIFTY -FOUR THOUSAND FIVE HUNDRED SIX AND 11 /100 DOLLARS ($54,506.11); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 23, 2015 Page 23 of 27 k. Consider an ordinance awarding the Annual Thermo Pavement Markings Contract to Stripe -A -Line, Inc. ORDINANCE NO. 12,917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STRIPE -A -LINE, INC., FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED THOUSAND AND NO /100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. APPOINTMENTS a. Consider three (3) appointments to the Baytown Area Water Authority Board. Mrs. Brsych presented the agenda item to consider the three (3) reappointments of Mr. Wayne Baldwin, Mr. Frank McKay III, and Mr. Mike Wilson to the Baytown Area Water Authority Board. Additionally, she stated that they all desire to serve another two year term, and if appointed their term would begin September 01, 2015, and end on August 31, 2017. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving the reappointments of Mr. Wayne Baldwin, Mr. Frank McKay III, and Mr. Mike Wilson to the Baytown Area Water Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved b. Consider three (3) appointments to the Baytown Crime Control and Prevention District (CCPD). Mrs. Brysch presented the agenda item to consider the three (3) reappointments of Mr. Chris Navarre (Mayor Appointee), Mr. Randall B. Strong (District 4 Appointee), and Mr. James Coker (District 6 Appointee) to the Baytown Crime Control and Prevention District (CCPD) Board. Additionally, she stated that all three (3) members have requested reappointment for another two year term that commences on September 01, 2015, and ends on August 31, 2017. City Council Regular Meeting Minutes July 23, 2015 Page 24 of 27 A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Brandon Capetillo approving the three (3) reappointments of Mr. Chris Navarre, Mr. Randall B. Strong, and Mr. James Coker to the CCPD Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved C. Consider three (3) appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD). Mrs. Brysch presented the agenda item to consider the three (3) reappointments of Ms. Adelina Gomez, (District 3 Appointee), Mr. Gerald Baldwin, (District 4 Appointee), and Mr. Maurice Watts, (District 6 Appointee) to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) Board. Additionally, she stated all three (3) members have requested reappointment for another two year term that commences on September 01, 2015, and expires on August 31, 2017. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Brandon Capetillo approving the three (3) reappointments of Ms. Adelina Gomez, Mr. Gerald Baldwin, and Mr. Maurice Watts to the FCPEMSD Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved d. Consider three (3) appointments to the Parks and Recreation Board. Mrs. Brysch presented the agenda item to consider the three (3) reappointments of Mr. Billy Barnett, Ms. Michelle Bitterly, and Ms. Carmen Torres to the Parks and Recreation Board. She stated that the appointments are all At -Large positions with a three (3) year term that will expire on August 31, 2018. City Council Regular Meeting Minutes July 23, 2015 Page 25 of 27 A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Brandon Capetillo approving the three (3) reappointments of Mr. Billy Barnett, Ms. Michelle Bitterly, and Ms. Carmen Torres to the Parks and Recreation Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved e. Consider four (4) appointments to the Tax Increment Reinvestment Zone No. One, City of Baytown, Texas (TIRZ). Mrs. Brysch presented the agenda item to consider the four (4) reappointments of Ms. Margie Grimes, Council Appointment with GCCISD recommendation; Mr. Reggie Brewer, District 4 Appointment; Mr. Mike Wilson, District 6 Appointment; and Council Member Terry Sain to the Tax Increment Reinvestment Zone (TIRZ) No. One Board. Additionally, she stated that the reappointments are for another two -year term which expires on August 31, 2017. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Brandon Capetillo approving the four (4) reappointments of Ms. Margie Grimes, Mr. Reggie Brewer, Mr. Mike Wilson, and Council Member Terry Sain to the Tax Increment Reinvestment Zone (TIRZ) No. One Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved f. Consider four (4) appointments to the Baytown Redevelopment Authority. Mrs. Brysch presented the agenda item to consider the four (4) reappointments of Ms. Margie Grimes, Mr. Reggie Brewer, Mr. Mike Wilson, and Council Member Terry Sain to the Baytown Redevelopment Authority. All members have requested reappointment to another two -year term, which commences on September 01, 2015, and expires on August 31, 2017. City Council Regular Meeting Minutes July 23, 2015 Page 26 of 27 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving the four (4) reappointments of Ms. Margie Grimes, Mr. Reggie Brewer, Mr. Mike Wilson, and Council Member Terry Sain to the Baytown Redevelopment Authority. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved g. Consider three (3) appointments to the Baytown Industrial Appraisal Review Board. Mrs. Brysch presented the agenda item to consider three (3) appointments to the Baytown Industrial Appraisal Review Board. She stated that the reappointments are Mr. Ron Haddox and Mr. Chet Theiss. She further stated that Mr. John Strausser stated that he does not desire reappointment to this position, which leaves one vacancy on this board. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Brandon Capetillo approving the reappointments of Mr. Ronn Haddox and Mr. Chet Theiss. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved h. Consider five (5) appointments to the Baytown Board of Adjustment. Mrs. Brysch presented the agenda item to consider the five (5) reappointments of Mr. David Corder, Ms. Kathie Smith, Mr. Gilbert Santana, Mr. Mike Wilson, and Ms. Barbara Wooster to the Baytown Board of Adjustment. Additionally, she stated that all five (5) members desire to reappointment for another two year term. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the five (5) reappointments of Mr. David Corder, Ms. Kathie Smith, Mr. City Council Regular Meeting Minutes July 23, 2015 Page 27 of 27 Gilbert Santana, Mr. Mike Wilson, and Ms. Barbara Wooster to the Baytown Board of Adjustment. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved 13. MANAGER'S REPORT City Manager Davis presented some accomplishments. He stated that the City of Baytown's website was a winner at the What's Next Award this year for centralizing the permitting process for website users. He stated that he received from a business owner a complimentary letter in regards to the quick response time of the police department when his alarm system activated during a test of the system. He stated that Pirates Bay as of July 15th had over 100,000 visitors. 14. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins adjourning the July 23, 2015, City Council Regular meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member David McCartney (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 23, 2015,F4ty Council Regular Meeting at 8_J3-T.M. eticia Brysch, City Clerk n 'n City of Baytown A