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2015 08 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 27, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 27, 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 Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Alisha Segovia Deputy City Clerk Mike Holden Sergeant at Arms Mayor DonCarlos convened the August 27, 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 late and Council Member Presley 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 August 13, 2015. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins to approve the August 13, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Terry Sain Nays: None City Council Regular Meeting Minutes August 27, 2015 Page 2 of 18 Other: Council Member Chris Presley (Absent), Council Member Robert C. Hoskins (Abstain), Council Member Mercedes Renteria III (Not Present for Vote) Approved b. Consider approving the minutes of the City Council Regular Meeting held on July 23, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain to approve the July 23, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent), Council Member Mercedes Renteria III (Not Present for Vote) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Rudy Rocha requested to address council in regards to the need for accountability for uninsured motorist commuting within the City Limits of Baytown. Mr. Rocha stated that his street address is 7907 East Point Boulevard, Baytown, Texas and that he presented to Council copies of a petition and 4500 signatures, as well as, comments regarding this agenda item. He stated that the request is for the City to create an ordinance that enforces tougher consequences on driving without insurance in order to protect the citizens and make the uninsured drivers accountable for their actions. He stated that on June 23, 2015, a tragic accident took place at the intersection of Garth Road and Cedar Bayou Lynchburg that was caused by uninsured driver who was never given a breath test although being arrested 13 times, but rather was allowed to leave the scene and given a fine which was reduced. He further stated that the police stated that they could not establish probable cause to arrest the uninsured driver. He stated that in the city ordinance of Humble, Pearland and Sugarland it is clear that if you don't have insurance you are arrested and the car is impounded which is the request for the same to be for Baytown. Mayor DonCarlos stated that some years ago there was a discussion in regards to impoundment and inquired of City Attorney, Ignacio Ramirez as to the results from that discussion. In regards to Mayor DonCarlos's inquiry regarding impoundment, Mr. Ramirez stated that the police department has a policy regarding impounding and prior practices were that the vehicle would be City Council Regular Meeting Minutes August 27, 2015 Page 3 of 18 impounded and not released until insurance was verified, but that the problem was that the state statute requires the City to pay for the time that the vehicles is on someone else lot as the City does not have an impound lot. Mr. Ramirez further stated that there was an AG opinion that was about two weeks old that says a municipality cannot place a hold on an impound vehicle therefore, theoretically the police can impound a vehicle but can't hold it. Mayor DonCarlos further inquired if the City has the legal authority to make a fine mandatory and take away the courts right to reduce that fine. In response to Mayor DonCarlos's inquiry regarding making a fine mandatory, Mr. Ramirez stated that a fine could be made mandatory. Mrs. Johnna Crianza, Ms. Ashlee Rocha, Mr. Ken Sandor, and Mr. Anthony Crianza all registered to speak regarding agenda item 2.a. Mrs. Johnna Crianza stated that her son was killed in the accident on June 23rd that was caused by the uninsured driver who had other offenses of not having insurance. She further requested that steps be taken to make uninsured drivers more accountable for their decisions. Ms. Rocha and Mr. Anthony Crianza stated that they request that there are tougher consequences for those who drive without insurance. Mr. Ken Sandor stated that he supports the petition in regards to the request for tougher consequences because this is an ongoing widespread problem. Mayor DonCarlos requested that the City Attorney and Legal Advisor present information to Council at the first meeting in October regarding the City's options on a local level as it relates to stiffer penalties regarding this concern, as well as, drug or alcohol testing regarding fatal accidents. Council Member Hoskins requested information in regards to if there were charges that should or could have been applied to the uninsured driver that was in the accident on June 23, 2015, and if there were any why they were not applied. b. Recognize City of Baytown Employees for their years of service (5, 10, 15, plus years). Director of Human Resources, Carol Flynt presented and recognized the following City of Baytown Employees for their years of service (5, 10, I5, plus years): 15 Years Katherine Sheppard, Storm Water Specialist 25 Years James Kerr, Patrol Officer 30 Years Kenneth Terry, Patrol Officer City Council Regular Meeting Minutes August 27, 2015 Page 4 of 18 3. REZONING OF APPROXIMATELY 0.73 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 0.73 acres located at 5303 Crestmont Street on the northwest corner of Decker Drive and Crestmont Street, Baytown, Texas, locally known as Marvin's Performance Cycles and legally described as Reserves A and 1A, Craigmont Place Section 1, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) to General Commercial (GC). At 7:16 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 0.73 acres located at 5303 Crestmont Street on the northwest comer of Decker Drive and Crestmont Street, Baytown, Texas, locally known as Marvin's Performance Cycles and legally described as Reserves A and IA, Craigmont Place Section 1, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) to General Commercial (GC). Director of Planning and Development, Mrs. Tiffany Foster stated that this property is currently being operated as a motorcycle repair shop in which the location was originally zoned as commercial use prior to the City's rezoning effort in 2013, when it was zoned SF2. She stated that the Planning and Zoning Commission previously held public hearings on this item and voted to recommend approval to City Council to amend the zoning district designation from S172 to GC. Council Member McCartney inquired if the business had adequate screening and fencing between the business and the neighboring residence. In response to Council Member McCartney's inquiry, Mrs. Foster stated that when there is commercial next to residential there's a 20 feet open space and fencing requirement in which this business is well beyond that. She further stated that if any improvements are made to this property fencing would be required, but no improvements are being made at this time. Mr. Marvin Bennett registered to speak regarding agenda item 3.a. and stated that he's the owner of Marvin's Performance Cycles. He additionally stated that he has no problem with putting up a fence as he would be fencing the entire property in the future. Mayor DonCarlos closed the public hearing regarding agenda item 3.a. at 7:22 P.M. b. Consider an ordinance regarding a proposed amendment to the official zoning map to rezone approximately 0.73 acres located at 5303 Crestmont Street on the northwest corner of Decker Drive and Crestmont Street, Baytown, Texas, locally known as Marvin's Performance Cycles and legally described as Reserves A and 1A, Craigmont Place Section 1, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) to General Commercial (GC). A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12, 933. The vote was as follows: City Council Regular Meeting Minutes August 27, 2015 Page 5 of 18 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,933 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 0.73 ACRES LOCATED AT 5303 CRESTMONT STREET ON THE NORTHWEST CORNER OF DECKER DRIVE AND CRESTMONT STREET, BAYTOWN, TEXAS, AND LEGALLY DESCRIBED AS RESERVES A AND IA, CRAIGMONT PLACE SECTION 1, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITY (SF2) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. SPECIAL DISTRICTS a. Consider an ordinance approving the Baytown Crime Control and Prevention District FY 2015 -2016 Budget. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12,934. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved City Council Regular Meeting Minutes August 27, 2015 Page 6 of 18 ORDINANCE NO. 12,934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2015 -16 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2015 -2016 Budget. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12,935. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2015 -16 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MUNICIPAL BUDGET FY 2015 -2016 a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2015 -2016 Proposed Budget. At 7:26 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City of Baytown Fiscal Year 2015 -2016 Proposed Budget. City Manager Davis stated that the Texas Local Government Code, Section 102.006 requires that the City Council hold a public hearing on the proposed budget that allows any person to attend and participate in the public hearing. He stated that the public hearing must be held after the 15th day after the date that the proposed budget is filed with the City Clerk, but before the City Council makes its tax levy. City Council Regular Meeting Minutes August 27, 2015 Page 7 of 18 Council Member Capetillo inquired for clarity purposes about the City's approach for non -civil service employee's compensation increases and adjustments. In response to Council Member Capetillo's inquiry, City Manager Davis stated that current budget proposes a 3% merit based compensation increase for non -civil service employees. Mrs. Flynt further stated that the pot of funds would be distributed based on each department having an equivalent to a 3% per all non -civil service employees' salaries. Council Member Hoskins stated that last year there was a commitment to bring employees up to a certain level and inquired if the levels were met or if there's still ways to go to them being complete. City Manager Davis stated that the commitment to bringing employees to market is still effective, but the timing based on the position or department is going to be addressed over a period of time. Mr. Jesus Favela, Austin Little, Daniel Soape, and Anthony East, all registered to speak regarding agenda item 5.a. Mr. Favela stated that he's been a city employee for approximately 25 years and that there needs to be a change in the way the public works department is treated when it comes to raises being that they receive 3% across the board, the police department 4 %, and the fire department 2% in addition to their 3% merit increase. Mr. Little, Mr. Soape, and Mr. East all passed on their time to speak. b. Consider postponing the adoption of the FY 2015 -2016 Municipal Budget until September 10, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III to approve postponing the adoption of the FY 2015 -2016 MDD Budget till September 10, 2015. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved 6. REPORTS a. Receive the Certification of the 2015 Anticipated Collection Rate from the City of Baytown Tax Assessor /Collector. City Council Regular Meeting Minutes August 27, 2015 Page 8 of 1S Acting Director of Finance, Mr. Carl Curry presented the agenda item and stated that the City of Baytown Tax Assessor /Collector has certified the anticipated tax collections for the 2015 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing a refund of utility service overpayments made by Spring Meadow Municipal Utility District. Mr. Carl Curry presented the agenda item and stated that the municipal utility districts (MUD) are charged per rooftop rate in addition to the outer city rate whereas their billing is based upon this information being reported to the City. In reference to this agenda item, he stated that after some period of time the district notified the City that they misreported the rooftop rate count to the utility billing department. Mr. Curry stated that this authorization rectifies the discrepancy from the districts inaccurate reporting. He further stated that they've verified that the correct counts were accurate and has since instituted a program to make certain that the MUD's are in compliance with the correct rooftop counts that are being reported. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12,936. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A REFUND OF THREE HUNDRED THIRTY - THREE THOUSAND FOUR HUNDRED SEVENTY -SEVEN AND 64/100 DOLLARS ($333,477.64) FOR OVERPAYMENT OF CERTAIN UTILITY ACCOUNTS OF SPRING MEADOWS MUNICIPAL UTILITY DISTRICT; AUTHORIZING PAYMENT OF SUCH REFUND THROUGH A CREDIT TO THE APPLICABLE UTILITY ACCOUNTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. 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 City Council Regular Meeting Minutes August 27, 2015 Page 9 of 18 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. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins to approve Ordinance No. 12,937. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S SURFACE RIGHTS TO A 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 EDDIE V. GRAY, TRUSTEE; EDDIE VAUGHN GRAY, TRUSTEE; FRED C. DITTMAN, JR.; NISHA DITTMAN; JESUS CEJA FLORES; AND CELIA TORRES, CONTINGENT UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. CONSENT Council Member Sain requested that consent agenda item 8.h. be pulled. Council Member Hoskins requested that consent agenda items 8.d. and 81. be pulled. Council Member Capetillo requested that consent agenda item 8.m. be pulled. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain to approve consent agenda item 8.a. through 8.c., 8.e. through 8.g., 81, 8.j., 81, and 8.n through 8.p. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None City Council Regular Meeting Minutes August 27, 2015 Page 10 of 18 Other: Council Member Chris Presley (Absent) Approved a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction of the Lincoln Cedars Park Fence. ORDINANCE NO. 12,938 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE LINCOLN CEDARS PARK FENCE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for Community Center Path Improvements. ORDINANCE NO. 12,939 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE COMMUNITY CENTER PATH IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Baytown sports league facilities. ORDINANCE NO. 12,940 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the development and construction of a loop trail at Pelly Park. City Council Regular Meeting Minutes August 27, 2015 Page 11 of 18 ORDINANCE NO. 12,941 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE DEVELOPMENT AND CONSTRUCTION OF A LOOP TRAIL AT PELLY PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction of a fence at Westwood Park. ORDINANCE NO. 12,942 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE CONSTRUCTION OF A FENCE AT WESTWOOD PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the Roseland Park Restroom Replacement Project. ORDINANCE NO. 12,943 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE ROSELAND PARK RESTROOM REPLACEMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District to paint bridge overpasses throughout the City. ORDINANCE NO. 12,944 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE PAINTING OF BRIDGE OVERPASSES THROUGHOUT THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 27, 2015 Page 12 of 18 j. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction and installation of a kayak launch at Roseland and Bayland Parks. ORDINANCE NO. 12,945 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF A KAYAK LAUNCH AT ROSELAND AND BAYLAND PARKS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing an earnest money contract with Margaret McCaleb for the purchase of 7028 Bayway Drive, described as Tract 9A Steinman, Harris County, Texas. ORDINANCE NO. 12,946 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 MARGARET MCCALEB FOR THE PURCHASE OF PROPERTY LOCATED AT 7028 BAYWAY DRIVE, AND DESCRIBED AS TRACT 9A STEINMAN, BAYTOWN, HARRIS COUNTY, TEXAS, AUTHORIZING AN AMOUNT NOT TO EXCEED FORTY -TWO THOUSAND SEVEN HUNDRED THIRTY - SEVEN AND NO /100 DOLLARS ($42,737.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance rejecting the bids received for the Pedestrian Bridge Hike and Bike Trail Project for the Goose Creek Phase V Trail. ORDINANCE NO. 12,947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BID RECEIVED FOR THE PEDESTRIAN BRIDGE HIKE AND BIKE TRAIL PROJECT FOR THE GOOSE CREEK PHASE V TRAIL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance amending Chapter 34 "Environment," Article III "Junked, Wrecked, Abandoned Property," Division 2 "Vehicles" of the Code of Ordinances, Baytown, Texas, to amend the division to reflect changes to the Texas Transportation Code. City Council Regular Meeting Minutes August 27, 2015 Page 13 of 18 ORDINANCE NO. 12,948 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 'ENVIRONMENT," ARTICLE III "JUNKED, WRECKED, ABANDONED PROPERTY," DIVISION 2 "VEHICLES," SECTION 34 -91 "DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IS HEREBY AMENDED TO ADD DEFINITIONS OR CHANGE THE DEFINITIONS OF "ABANDONED MOTOR VEHICLE," COLLECTOR OR MOTOR VEHICLE COLLECTOR," CONTROLLED ACCESS HIGHWAY," "INOPERABLE," "JUNKED VEHICLE," "MOTOR VEHICLE," AND "VEHICLE "; SECTION 34 -93 "JUNKED VEHICLES DEEMED NUISANCES "; SECTION 34 -95 "NOTICE TO ABATE; HEARING; DISPOSAL "; SECTION 34 -97 "REMOVAL OF ABANDONED VEHICLES'; AND SECTION 34 -98 "DISPOSITION OF ABANDONED VEHICLES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE REGULATIONS CONCERNING JUNKED AND ABANDONED VEHICLES; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. P. Consider an ordinance authorizing an Agreement with Goose Creek Consolidated Independent School District for a truancy officer. ORDINANCE NO. 12,949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE TRUANCY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.d. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the Town Square Phase II Project. A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member David McCartney to approve consent agenda item 8.d., regarding Ordinance No. 12,950. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: Council Member Robert C. Hoskins Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,950 City Council Regular Meeting Minutes August 27, 2015 Page 14 of 18 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE TOWN SQUARE PHASE II PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.h. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for repairs to the Firefighter Memorial at Bicentennial Park. Council Member Sain inquired as to the other partner sharing the costs of the repairs to the Firefighter Memorial at Bicentennial Park. Mr. Ron Bottoms stated that he suggested that the-Baytown Professional Firefighters Association split the costs on this project since it is a fire fighter's memorial and to his understanding they'd agreed with it until he received message the morning of this meeting that they were not in agreement. He further stated that there are still funds in MDD's budget for the project. During further discussion, Council Member Capetillo inquired as to what type of memorial this would and who would be responsible for it. Director of Parks and Recreation, Mr. Scott Johnson stated that he feels that the Fire Fighter's Memorial is a City memorial just as the Veteran's Memorial in which the parks department also maintains. A motion was made by Mayor Pro Tem Brandon Capetillo and seconded by Council Member Mercedes Renteria III to approve consent agenda item 8.h., regarding Ordinance No. 12,951. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved City Council Regular Meeting Minutes August 27, 2015 Page 15 of 18 ORDINANCE NO. 12,951 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE BICENTENNIAL PARK FIREFIGHTER MEMORIAL REPAIR PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.k. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the rent -to- own /purchase of an Ice Rink for Town Square. A motion was made by Mayor Pro Tem Brandon Capetillo, and seconded by Council Member David McCartney to approve Ordinance No. 12,952. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: Council Member Robert C. Hoskins Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,952 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE TOWN SQUARE ICE RINK PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.m. Consider an ordinance authorizing the renewal of the SunGard software maintenance agreement. Council Member Capetillo stated that he has reservations with renewing this software that is problematic and inquired if the City should continue to utilize it. Director of ITS, Mr. Ed Tomjack stated that SunGard product is a suite of applications and therefore it functions for multiple departments such as permitting, code enforcement, utility billing, finance, and payroll. Mr. Tomjack stated that there are always issues but none that can't be worked out. He further stated that currently there are issues that are being worked out and there are some dislikes to the way the software does business compared to the way the City processes are. City Council Regular Meeting Minutes August 27, 2015 Page 16 of 18 Mayor DonCarlos requested for the next budget year that other options be presented. City Manager Davis stated that in his career he's been through three (3) enterprise resource projects (ERP) and there's an extensive amount of work that goes into it and recommended that this be discussed during the retreat. The first vote failed; therefore, Mr. Tomjack reminded the Council Members and stated that r. without the maintenance agreement, the City would not be able to run payroll and financial obligations. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney to approve consent agenda item 8.m., regarding Ordinance No. 12,953. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Mercedes Renteria III Nays: Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain Other: Council Member Chris Presley (Absent) Rejected A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III to approve bringing previous consent agenda item 8.m for vote. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: None Other: Council Member Chris Presley (Absent) Approved A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney to approve to reconsider consent agenda item 8.m. and approve Ordinance No. 12,953. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain Nays: Mayor Pro Tem Brandon Capetillo Other: Council Member Chris Presley (Absent) Approved ORDINANCE NO. 12,953 City Council Regular Meeting Minutes August 27, 2015 Page 17 of 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY - NINE THOUSAND EIGHT HUNDRED SIXTY -ONE AND 20/100 DOLLARS ($79,861.20) TO SUNGARD PUBLIC SECTOR INC., FOR THE RENEWAL OF THE SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT a. Present the schedule for the remainder of 2015 for the Baytown Aquatics facilities. Mr. Scott Johnson presented the agenda item and stated that both Pirates Bay Water Park and Calypso Cove ended daily operations on Sunday, August 23rd. He stated that both parks would reopen for the August 29 - 30 weekend, as well as, Labor Day weekend starting on Saturday, September 5th through Monday, September 07, 2015, and then close for the 2015 Summer Season. He further stated that the City's five spray parks would remain open daily through Sunday, November 1st, and that on September 10, 2015, at 5:00 P.M., there would be a ribbon cutting at Bowie Elementary for the special needs playground. b. City of Baytown offices will be closed on Monday, September 07, 2015, for the Labor Day Holiday. City Manager Davis presented the agenda item and stated that the City of Baytown offices will be closed on Monday, September 07, 2015, for the Labor Day Holiday. Mayor DonCarlos stated that the Kroger Company's corporate office announced that they are going to fund a new large Kroger on the east side of Baytown to replace the existing store located on the corner of Alexander Drive and Ward Road. 10. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III adjourning the August 27, 2015, City Council Regular meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain City Council Regular Meeting Minutes August 27, 2015 Page 18 of 18 Nays: None Other: Council Member Chris Presley (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the August 27, 2015, City Council Regular Meeting at 8:10 P.M. City of Baytown