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2015 09 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 10, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 10, 2015, at 6:32 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the September 10, 2015, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. 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 27, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the August 27, 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 David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 09, 2015 Page 2 of 32 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating September 16, 2015, as American Legion Day in Baytown. Public Affairs Coordinator, Ms. Patti Jett presented the agenda item and Mayor DonCarlos presented to some of the members of the American Legion Post 323 a proclamation designating September 16, 2015, as American Legion Day in Baytown. b. Present a proclamation designating the months of September and October as United Way Months in Baytown. Ms. Jett presented the agenda item and Mayor DonCarlos presented to Mr. David Mohlman, Linda Avedon, and Guido Persiani a proclamation designating the months of September and October as United Way Months in Baytown. C. Present a proclamation designating October 4 - 10, 2015, as Fire Prevention Week in Baytown. Ms. Jett presented the agenda item and Mayor DonCarlos presented to Fire Chief Fred Spencer a proclamation designating October 4 - 10, 2015, as Fire Prevention Week in Baytown. d. Present a proclamation recognizing 25 years of service by Baytown Habitat for Humanity. Ms. Jett presented the agenda item and Mayor DonCarlos presented to Vice President, Ms. Martha Goolsby and staff of Baytown Habitat for Humanity a proclamation recognizing 25 years of service by Baytown Habitat for Humanity. e. Mr. Jerry Jones with the Cedar Bayou Friends organization requested to appear before the Council to express their appreciation for the City's active support for the first annual Cedar Bayou Voyager canoe /kayak event scheduled for Saturday, October 10, 2015. Assistant City Manager, Mr. Kevin Troller presented the agenda item and stated that the first annual Cedar Bayou Voyager Canoe/Kayak event is scheduled for Saturday, October 10, 2015, from 9:00 A.M. - 10:00 A.M., at J.C. Hollaway Park. L The 10th Annual Grito Fest is scheduled for Saturday, October 03, 2015, at Bicentennial Park. This year's featured headliner is Salomon Robles. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 10th Annual Grito Fest is scheduled for Saturday, October 03, 2015. Additionally, he introduced Mr. Augustin Loredo and Mr. Jacob Schaffer to present this year's lineup. Mr. Loredo presented the lineup as follows and Mr. Schaffer presented an interpretation of a grito yell. SCHEDULE O] 1:00 - 2:00 pm 2:00 -3:30 pm 4:00 -5:30 pm 5:30 -6:00 pm 6:00 -7:30 pm 7:30 -8:00 pm 8:00 -9:30 pm EVENTS Mariachi Los Gallitos Grupo Estrella Banda La Orgullosa De Guanajuato Accordion Competition/Grito Preliminaries Los Relampaguitos Jalapeno, Salsa and Grito Championships Salomon Robles, featured headliner City Council Regular Meeting Minutes September 09, 2015 Page 3 of 32 3. TEXAS PARKS AND WILDLIFE DEPARTMENT GRANT APPLICATION a. Conduct a public hearing regarding the City's application for the Texas Parks and Wildlife Department's Program Year 2015 Local Park Grant Program Outdoor Recreation Grant. At 6:48 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City's application for the Texas Parks and Wildlife Department's Program Year 2015 Local Park Grant Program Outdoor Recreation Grant. Mr. Scott Johnson presented the agenda item and stated that the parks department is applying for a grant in the amount of $500,000 that's due by October 1st. He stated that the City's match would be aquatic bonds for a spray park and entire labor. He further stated that plans for Jenkins Park is to relocate the entry road so that the attendants don't have to cross the parking area to get to the spray park; therefore the project would include a new six inch water line, a spray park, place holders for two pony league fields, installation of baseball backstops, a covered basketball court, a quick soccer court, a fitness area, picnic shelters, and a primitive camp ground. Additionally, Mr. Johnson stated that they've already received a recreational trails grant that will go around this park which will start after the first of the year. With there being no one registered to speak, Mayor DonCarlos closed the public hearing regarding agenda item 3.a., at 6:54 P.M. b. Consider a resolution authorizing a grant application to the Texas Parks and Wildlife Department, for a Texas Parks and Recreation Account Grant Application for Jenkins /Hollaway Park Expansion. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No. 23.74. 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, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2374 City Council Regular Meeting Minutes September 09, 2015 Page 4 of 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A LOCAL PARK GRANT IN THE AMOUNT OF FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) FOR THE JENKINS/HOLLAWAY PARKS EXPANSION; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING FIVE HUNDRED THOUSAND AND NO 1100 DOLLARS ($500,000.00) IN MATCHING FUNDS OR AN IN-KIND MATCH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REZONING AND SPECIAL USE PERMIT FOR APPROXIMATELY 15.0 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 15.0 acres located in Bay Ten Business Park and about 820 feet east of S.H. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas, from Light Industrial (LI) to Heavy Industrial (Hn• At 6:55 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 15.0 acres located in Bay Ten Business Park and about 820 feet east of S.H. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas, from Light Industrial (LI) to Heavy Industrial (HI). Mayor DonCarlos requested more information regarding the size, use, time of use and noise impact of the flare. In response to Mayor DonCarlos's inquiry, Mr. Dale Goynes, the company representative stated that the flare is a safety device that is only used in the case of an emergency and will be minimal with more usage during the startup process. He further stated that flare has not been sized; therefore the noise level from the flare has not yet been determined, but they anticipate the noise level to be relatively low as they have a small plant. Additionally, he stated that they would provide the numbers as it relates to the noise level, once the information becomes available. Mayor DonCarlos recommended that the most advanced technology be used to reduce the flare and the noise level down to the lowest possible. Council Member Sain inquired if there will be a steam assist on the flare tip. Mr. Dale Goynes stated that for the type of flare that is being used, he didn't think that it would be steam assisted, but rather having a blower. City Council Regular Meeting Minutes September 09, 2015 Page 5 of 32 Mr. Dale Goynes registered to speak before the public hearing regarding agenda item 4.a. At 7:03 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 4.a. b. Consider an ordinance approving an amendment to the official zoning map to rezone approximately 15.0 acres located in Bay Ten Business Park about 820 feet east of S.H. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas, from a Light Industrial (LI) Zoning District to a Heavy industrial (HI) Zoning District. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,954. 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, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,954 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 15.0 ACRES LOCATED IN BAY TEN BUSINESS PARK ABOUT 820 FEET EAST OF S.H. 99, LEGALLY DESCRIBED AS PART OF AND OUT OF JACOB TOWNSEND SURVEY, ABSTRACT NO. 25, CHAMBERS COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT TO A HEAVY INDUSTRIAL (HI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct the public hearing concerning the granting of a proposed special use permit for a heavy industrial use for approximately 15.0 acres located in Bay Ten Business Park and about 820 feet east of S.H. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas. At 7:04 P.M., Mayor DonCarlos opened and conducted the public hearing concerning the granting of a proposed special use permit for a heavy industrial use for approximately 15.0 acres located in Bay Ten Business Park and about 820 feet east of S.H. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No. 25, Chambers County, Texas. City Council Regular kfectin Minutes September Oct 2015 Page 6 of 32 Mrs. Foster stated that anytime property is rezoned to heavy industrial it comes with the ability to have a special use permit that will apply any additional conditions staff may want to place upon the development just to make sure that there's compatibility with adjacent property. She stated that in this particular case there were no additional conditions to be added that were not already include in the covenants that were designed with the Bay Ten Development so they referenced the entire restrictions that have all of those additional conditions in it, in the special use permit. Additionally, she stated that by adding this as a condition to the special use permit, the standards become enforceable through the zoning code. With there being no one registered to speak, Mayor DonCarms closed the public bearing regarding agenda item 4.c. at 7:06 F.M. d. Consider an ordinance granting a special use permit for a heavy industrial use (111) for approximately 15.0 acres in Bay Ten Business Park and about 820 feet east of S.11. 99, legally described as part of and out of Jacob Townsend Survey, Abstract No, 25, Chambers County, Texas. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No, 12,955. 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 111. Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO, 12,955 AN ORDINANCE OF TFIF CITY ITY COU'NC'IL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO INFRA TECHNOLOGY LLC, FOR THE DEVELOPMENT OF A DEMONSTRATION FACILITY FOR GAS TO LIQUID FUEL PRODUCTION TO BE LOCATED ON APPROXIMATELY 15,0 ACRES IN BAY TEN BUSINESS PARK AND ABOUT 820 FEET LAST OF S11, 99, LEGALLY DESCRIBED AS PART OF AND OUT OF JACOB TOWNSEND SURVEY, ABSTRAC F NO. 25, CHAMBERS COUNCY, TEXAS. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND TFIE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR TFILEFFECTIVE DATE THEREOF. 5. REZONING OF APPROXIMATELY 6.36 ACRES OF LAND City Council Regular Meeting Minutes September 09, 2015 Page 7 of 32 a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) designation from Commercial Corridor to Business Park for properties in the 5100 and 5200 blocks of North Main Street, north of Cedar Bayou Lynchburg Road, Harris County, Texas. At 7:06 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) designation from Commercial Corridor to Business Park for properties in the 5100 and 5200 blocks of North Main Street, north of Cedar Bayou Lynchburg Road, Harris County, Texas. Mrs. Foster requested allowance to present both agenda items 5.a. and 5.b. together. She stated that agenda item 5.a is to amend the Future Land Use Plan from a commercial corridor to a business park designation which will allow for light industrial uses. She stated that in 2013, they passed a future land use plan that designated the North Main corridor as a commercial corridor and the applicant has an existing business on North Main who would like to change the zoning to light industrial. She stated that currently it is zoned general commercial which is considered a non - conforming use. She stated that if the zoning is allowed, the future land use plan would also have to be changed to allow for this type of zoning district. She stated that after considering this request during a Planning and Zoning Commission meeting, the Commission recommended to taking out some of the properties in the corridor around the 5000 block of South Main and designate that as the Business Park designation which will allow those properties eligibility to come in and apply for a light industrial zone which also include the Sports Complex. Mrs. Foster stated that staff is not recommending this change because in 2013, they reviewed the entire city and thought that North Main would be the next commercial corridor. She stated that when the future land use plan and zoning are done, it is to establish a vision of what that corridor is to be and staff feels that there has not been enough opportunity for the development of that vision to transition being that it's only been a couple of years. She further stated that because the business was existing when the zoning was put in place during the year 2013, they could actually continue to use the property as a light industrial use that they are doing currently and a new owner could also come in a use the same property at a similar type of uses but cannot expand the use to all of the uses within light industrial. Mayor DonCarlos stated that there are some businesses that are in between light industrial and general commercial; therefore, recommended having a level category that relates to these types of businesses that has some of the requirements that are used in light industrial (LI), but is not as restrictive. Mrs. Vikki Nicholas, Mr. Jim Nicholas, Mr. Bill Byrd, Mr. Brent Nicholas, and Mr. Nick Novak all registered to speak before the public hearing regarding agenda item 5.a. Mrs. Vikki Nicholas did not speak on this agenda item. Mr. Jim Nicholas stated that they've had four buyers for the building on this property and each were told that due to the existing zoning classification requirements, as it relates to expanding, they could not do provide the type of businesses as requested. He stated that they started working City Council Regular Meeting Minutes September 09, 2015 Page S of 32 on the process to change to classification to light industrial and that the major issue that they are encountering is that the buyers are not able to expand or make changes. Mr. Bill Byrd stated that he's been assisting the Nicholas family with marketing this property and the issue is that the buyers were unable to expand the building. There was an inquiry as to the types of uses that the buyers were requesting and Mr. Byrd stated that the buyers' uses were different. Additionally, he inquired if Council could provide the Nicholas family with some type of documented certainty verifying Council's commitment and how they are addressing this particular situation. Mayor DonCarlos stated that he assures that the process will go as fast as it can be done and he doesn't see a problem with the Planning and Zoning Commission provided a letter addressing this situation. Mr. Nicholas stated that although they are going to request that the zoning to be changed to light industrial council still has to approve the changes which don't impair the decision making as to what is allowed. For clarity purposes, Mrs. Foster stated that if zoned light industrial all the uses and things permitted in light industrial would be allowed without any other review from the planning and zoning or council; therefore the uses such as the containers would be allowed. She further stated that the permit would come in to the building permit for any structures that are built which will be reviewed according to certain requirements. Mr. Nick Novak stated that changing the zoning from general commercial to light industrial or the new proposed classification, for any property other than the one related to this agenda item, would not be consistent with long range planning and zoning plans for this area. At 7:50 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 5.a. Both agenda item 5.b. and 5.d. were considered together. b. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) designation from Commercial Corridor to Business Park for properties in the 5100 and 5200 blocks of North Main Street, north of Cedar Bayou Lynchburg Road, Harris County, Texas. d. Consider an ordinance approving an amendment to the official zoning map to rezone approximately 6.36 acres at 5115 North Main Street, generally located west of North Main Street approximately 750 feet north of Cedar Bayou Lynchburg Road, legally described as Tract 6A -1 out of the H. F. Gillette Survey, Abstract 297, Harris County, Texas from General Commercial (GC) to Light Industry (LI). A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving to suspend agenda items 5.b. and 5.d. not to exceed 90 days from the present date pending council getting a new zoning classification as it relates to like uses such bordering general commercial (GC) and light industrial (LI). The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes September 09, 2015 Page 9 of 32 Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved C. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 6.36 acres at 5115 North Main Street, generally located west of North Main Street approximately 750 feet north of Cedar Bayou Lynchburg Road, legally described as Tract 6A -1 out of the H. F. Gillette Survey, Abstract 297, Harris County, Texas, from General Commercial (GC) to Light Industrial (LI). Mrs. Vikki Nicholas and Mr. Jim Nicholas both registered to speak before the public hearing regarding agenda item 5.c. Agenda item 5.c. was not considered. 6. ANNEXATION OF APPROXIMATELY 21.82 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed annexation of approximately 21.82 acres approximately 1200 feet west of Garth Road on the north side of the proposed Santavy Street right -of -way and legally described as land in Washington County Railroad Company (W.C.R.R.) Survey Number 1, Abstract No. 899, being part of and out of Block 20, Highland Farms, Harris County, Texas. Mrs. Foster presented the agenda item and stated that this proposed annexation was requested in order to construct a multi - family development located on the site directly to the west of what is locally known as the new Kroger Marketplace site along Garth Road. Additionally, she stated that this property will be placed in District 3. A motion was made by Mayor Pro Tem Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 12,923. 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, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 09, 2015 Page 10 of 32 ORDINANCE NO. 12,923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 21. 82 ACRES APPROXIMATELY 1200 FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE SANTAVY STREET RIGHT -OF -WAY AND LEGALLY DESCRIBED AS LAND IN WASHINGTON COUNTY RAILROAD COMPANY (W.C.R.R.) SURVEY NUMBER 1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 21.82 acres of land west of the intersection of Santavy Street and Garth Road into Council District No. 3. A motion was made by Mayor Pro Tent Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,956. 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 Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 21.82 ACRES OF LAND LOCATED APPROXIMATELY 1200 FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE PROPOSED SANTAVY STREET RIGHT -OF -WAY AND LEGALLY DESCRIBED AS LAND IN WASHINGTON COUNTY RAILROAD COMPANY (W.C.R.R.) SURVEY NUMBER 1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 09, 2015 Page 11 of 32 7. REZONING OF APPROXIMATELY 19.77 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 19.77 acres about 1200 feet west of Garth Road on the north side of the proposed Santavy Street right -of -way and legally described as land in Washington County Railroad (W.C.R.R.) Company Survey Number 1, Abstract 899, being part of and out of Block 20, Highland Farms, Baytown, Harris County, Texas, from Open Space/Recreational (OR) to Mid -Rise Density Mixed Residential Dwellings (MF2). At 8:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 19.77 acres about 1200 feet west of Garth Road on the north side of the proposed Santavy Street right -of -way and legally described as land in Washington County Railroad (W.C.R.R.) Company Survey Number 1, Abstract 899, being part of and out of Block 20, Highland Farms, Baytown, Harris County, Texas, from Open Space/Recreational (OR) to Mid -Rise Density Mixed Residential Dwellings (MF2). Mrs. Foster stated that this agenda item is for the property previously annexed. For clarity purposes, she stated that the acreage is more under the annexation and less under the zoning because the annexation included all the land proposed for the future Santavy right -of -way (ROW) but the zoning was only for the parcel being built upon excluding the ROW. Mr. Bart Barrett registered to speak before the public hearing regarding agenda item 7.a. to address any questions related to this item. With there being no one other than Mr. Barrett registered to speak, Mayor DonCarlos closed the public hearing regarding agenda item 7.a. at 8:03 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately 19.77 acres about 1200 feet west of Garth Road on the north side of the proposed Santavy Street right -of -way and legally described as land in Washington County Railroad (W.C.R.R.) Company Survey Number 1, Abstract 899, being part of and out of Block 20, Highland Farms, Baytown, Harris County, Texas, from Open Space/Recreational (OR) to Mid -Rise Density Mixed Residential Dwellings (MF2). A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,957. 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, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 09, 2015 Page 12 of 32 ORDINANCE NO. 12,957 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 19.77 ACRES ABOUT 1200 FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE PROPOSED SANTAVY STREET RIGHT -OF -WAY AND LEGALLY DESCRIBED AS LAND IN WASHINGTON COUNTY RAILROAD (W.C.R.R.) COMPANY SURVEY NUMBER 1, ABSTRACT 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATIONAL (OR) ZONING DISTRICT TO A MID -RISE DENSITY MIXED RESIDENTIAL DWELLINGS (MF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. CITY TAX ROLLS AND RATE a. Receive the 2015 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. Acting Director of Finance, Mr. Carl Currie presented the agenda item and stated that staff received the 2015 Certified Appraisal Rolls from both Harris and Chambers County. He stated that Hams County has a total appraised value of $3,304,109,639 and Chambers County $161,293,912. b. Receive the effective and rollback tax rate calculation for the 2015 tax year (Fiscal Year 2016). Mr. Currie stated that the effective tax rate is calculated at $0.84317 and the rollback rate is calculated at $0.85160 per $100 valuation, respectively. He further stated that because both rates are above the City of Baytown's set tax rate there's no need to call for a special meeting or public hearing. 9. BUDGET ITEMS a. Consider an ordinance approving the Baytown Area Water Authority Budget, FY 2015 -2016. Mr. Currie presented the agenda item and stated that there were no changes to the proposed budget. He stated that Ordinance No. 12,958 approves the Baytown Area Water Authority ( "BAWA ") 2015 -2016 Fiscal Year Budget with revenues of $ 12,442,262 and expenditures of $14,705,038 resulting in an anticipated ending working capital of $2.5 million. City Council Regular Meeting Minutes September 09, 2015 Page 13 of 32 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 12,958. 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, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance adopting the City of Baytown Municipal Budget, FY 2015- 2016. Mr. Currie presented the agenda item and stated that Ordinance No. 12,959 adopts the City of Baytown Municipal Budget, FY 2015 -2016, with revenues of $145,750,863, expenditures of $164,599,090 and an ending working capital fund balance of $24,612,857. Council Member Capetillo stated that if at some time within the next year the budget revenues exceed expectations that all non -civil service employees pay status' at that point are considered for fair market increases. He farther stated that in future budget strategies that all departments are to be reviewed across the board to appropriately staff for development and growth on a holistic approach. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,959. 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, Council Member Chris Presley Nays: None Approved Cio, Council Regular Meeting Minutes September 09, 2015 Page 14 of 32 OR DINAN" CE NO. 12,959 AN ORDINANCE OF THE CITY COUNCIL 01" THE CITY OF BAY OWN, TEXAS, ADOPTING A BUDGET FOR "FlIF-1 ENSUING FISCAE YEAR, BEGINNING GINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF, 10. MUNICIPAL ELECTION NOVEMBER 3. 2015 a. Receive the Certificate of Unopposed Status for the Office of Mayor. la: Consider an ordinance declaring the unopposed candidate of Stephen W DonCarlos elected to the Office of Mayor of the City of Baytown and canceling the associated municipal general election. City Clerk, Leticia Brysch presented both agenda items I (.a. and I O.b. together, She stated that She certifies that Mayor Stephen DonCarlos was the only candidate left on the ballot at the end of the film,,, period, and as such, is the unopposed candidate and elected to the office of Mayor for another three (3) year term, She stated that Ordinance No. 12,960 declares the unopposed candidate of Stephen H. DonCarlos elected to the Office of Mayor of the City of Baytown and cancels the associated municipal general election, but does not impact the City's special elections related to the street maintenance sales tax, the charter amendments and issuance of bonds for a municipal golf course. Additionally, she stated that Mayor DonCarlos would be sworn in on December 10, 2015. The City Clerk certified to the ('try Council as to his unopposed status and delivered a certification to the City Council. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No, 12,960. The vote was as ft.fllows: Ayes: Mayor Stephen DonCarlos. Mayor pro Tern Brandon Capetillo, Council Member Robert C. I loskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 09, 2015 Page 15 of 32 ORDINANCE NO. 12,960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE STEPHEN H. DONCARLOS ELECTED TO THE OFFICE OF MAYOR OF THE CITY OF BAYTOWN; CANCELING THE MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2015, FOR THE PURPOSE OF ELECTING THE MAYOR OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. MOTIONS a. Consider taking appropriate action to acknowledge the City's good, open and transparent relationship with ExxonMobil, the City's perception of ExxonMobil's diligence in complying with various environmental laws, and ExxonMobil's responsiveness in managing incidents that may arise at its facility in Baytown's extraterritorial jurisdiction. Mayor DonCarlos presented the agenda item and stated that ExxonMobil was subject to a lawsuit by the Sierra Club. He stated that ExxonMobil was victorious in court, but there was an appeal. He stated that Baytown is the most heavily monitored area in the nation, as it relates to air quality, and feels that ExxonMobil is a good neighbor requested Council's approval to submit a resolution supporting and to acknowledge the City's good, open and transparent relationship with ExxonMobil, the City's perception of ExxonMobil's diligence in complying with various environmental laws, and ExxonMobil's responsiveness in managing incidents that may arise at its facility in Baytown's extraterritorial jurisdiction. A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Resolution No. 2375 prepared by the City of Baytown's legal department. 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, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2375 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FILING OF AN AMICUS CURIAE BRIEF IN ENVIRONMENT TEXAS CITIZEN LOBBY, INCORPORATED, ETAL., V. EXXON MOBIL CORPORATION, ET AL.; IN THE UNITED STATES City Council Regular Meeting Minutes September 09, 2015 Page 16 of 32 COURT OF APPEALS FOR THE FIFTH CIRCUIT: CAUSE NO. 15- 20030; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF, 12. PROPOSED ORDINANCES a. Consider an ordinance authorizing the First Amendment to the Earnest Money Contract with Texas Capital Development Corporation, Inc., for the purchase of approximately 120 acres off of Evergreen Road, out of Tracts 4G and 4H, Abstract 65 of the William Scott Survey, Harris County, Texas. City Attorney, Ignacio Ramirez presented the agenda item and stated that after receiving the final layout of the proposed golf course, it was identified that the earnest money contract needed to be revisited to allow for the purchase of more property; therefore Ordinance No. 12,961 authorizes such. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,961. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tian Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO, 12,961 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 FIRST AMENDMENT TO THE EARNEST MONEY AGREEMENT WITH TEXAS CAPITAL DEVELOPMENT CORPORATION, INC,, FOR THE PURCHASE OF APPROXIMATELY 120 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACTS 4G AND 4H, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY. HARRIS COUNTY, TEXAS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b, Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD, for the 2015 Mill and Overlay Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 12,962 awards a construction contract to Angel Brothers Enterprises, LTD, for the 2015 Mill and Overlay Project in the amount of S 1,000,000.00. He stated that the scope of work includes milling existing asphalt streets, performing base repairs, and overlaying the streets. He stated that City Council Regular Meeting Minutes September 09, 2015 Page 17 of 32 the contract is renewable for up to an additional three (3) one -year terms. He stated that one bid was received and publicly opened on July 28, 2015, at 2:00 PM in the Council Chambers. He stated that since there was only one bidder, staff exercised due diligence in confirming the fairness of the bid prices by comparing it to a recent City of Houston mill and overlay project. He stated that in comparison, the unit prices submitted by the low bidder for the City of Houston project are higher than the unit prices in the bid received by the City of Baytown; therefore, staff feels that the bid received for this project is fair and reasonable. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 12,962. 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, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (abstain) Approved ORDINANCE NO. 12,962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2015 MILL AND OVERLAY PROJECT -- YEAR 1; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION AND NO /100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance establishing the Texas Avenue Business Assistance Program Fund for existing businesses on Texas Avenue that have been directly impacted by the construction of the Texas Avenue Streetscape Project, Phase II, and adopting guidelines for the administration thereof. City Manager Davis presented the agenda item and stated that per Council's request Ordinance No. 12,963 establishes the Texas Avenue Business Assistance Program Fund and adopts guidelines for the administration thereof. He stated that the purpose of this program is to mitigate the impact on small businesses of loss of revenue during the Texas Avenue Streetscape Project -- Phase II (the "Project "). He stated that the program requires that an application be submitted by October 1st, that the businesses must have been operating continuously since the City Council Regular Meeting Minutes September 09, 2015 Page 18 of 32 commencement of the Project's construction and must commit to continue to operate until February 01, 2016, and be limited to $5,000. Ms. Katrina Starling and Mr. Ben Boul both registered to speak regarding agenda item 12,c. Mr. Ben] remitted his time to Ms, Starling. Ms. Starling stated that she represents the business Cork Grinders which is one of tile businesses financially affected by the construction of the project. She stated that generally the summer months are the strongest months for them and since the construction of tile project, they've had to scale back on their hours of operation due to their being no patrons to justify the labor. She further stated that compared to last year their revenues were decreased by approximately 451)/o. A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,963. 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 111, Council Member Chris Presley Nays: Council Member Terry Sam Approved ORDINANCE NO. 12,963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE TEXAS AVENUE BUSINESS ASSISTANCE PROGRAM FUND FOR CERTAIN BUSINESSES ON TEXAS AVENUE THAT HAVE BEEN DIRECTLY IMPACTED BY THE CONSTRUCTION OF THE TEXAS AVENUE STREETSCAPE PROJECT -- PHASE 11 AND ADOPTING GUIDELINES FOR THE ADMINISTRATION THEREOF: AUTHORIZING THE EXPENDITURES IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) TO ELIGIBLE BUSINESSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Utility Functions and Services Allocation Agreement with Harris County Municipal Utilit- y District No. 213-13. Mr. Ramirez presented the agenda item and stated that Ordinance No. 12,964 authorizes a Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 213-B (the "MUD"). He stated that this agreement is the typical agreement with the exception of allowing provisions for this MUD to do pipebursting at their expense. He stated that staff has been yin discussion with the MUD for quite some time and although staff does not have a signed agreement, the MUD has promised to have the agreement signed on tomorrow (9 /11/t5). City Council Regular Meeting Minutes September 09, 2015 Page 19 of 32 Mr. Narciso Lira registered to speak regarding agenda item 12.d. He stated that he represents Stripes Convenient Store and when they closed on the property that's located in the area that's in the MUD 213 -B they were aware that they were coming ahead of a developer; therefore, they knew they would need to extend their line to the City's for services so they submitted a utility capacity letter to the City with a response that once they paid the impact fees that they could connect to the City's water and sewer location at Eastpoint. He stated that they were issued a permit in May to start construction in June and for the last few weeks the City has shut them down with no inspections to be done to the building and that puts constraints on their deadline to open by the end of November. He stated that they were unsuccessful in setting up a meeting to discuss this concern because they were told that a meeting wouldn't be scheduled until the agreement with the City and the MUD was approved. Mr. Lira stated that they are unable to move forward with their project until an agreement is made between the City and the MUD; therefore he requested for Council's assistance in their efforts to move forward with this project as it relates to water and sewer whether the City receives an agreement with the MUD or not. He further stated that they were told that they could move forward with inspections as long as they submit a letter stating that they understood that at the end of the day, if an agreement is not reached that they may have a store that can't open because of not being able to obtain water and sewer. During further discussion, Deputy City Manager Bottoms stated that although the business is within the City, their water and sewer services comes through the MUD that they are in; therefore Stripes would have to get an agreement with the MUD for those services. Mr. Lira stated that be default they have paid for services from the city in which they are tied into the City's utility line that's available for service to date. Mayor DonCarlos stated that because there is not an item on the agenda to take action regarding Mr. Lira's request, however, he stated that due to the promise to memorialize an agreement from the MUD tomorrow this will allow Stripes the ability to communicate with the MUD for services. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,964. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO City Council Regular Meeting Minutes September 09, 2015 Page 20 of 32 EXECUTE AND THE CITY CLERK TO ATTEST TO A UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213 -13; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the Eighth Amendment to the Collective Bargaining Agreement for October 01, 2010 — September 30, 2016, with the International Association of Firefighters Local 1173 to amend Article 9 "Overtime" and Article 23 "Compensation" to conform overtime calculations to payroll software capabilities within the requirements of the Fair Labor Standards Act and to increase certificate pay to adjust compensation for the new overtime calculation. Legal Advisor, Deanie King presented the agenda item and stated that Ordinance No. 12,965 authorizes the Eighth Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International Association of Firefighters Local 1173 to amend Article 9 "Overtime" and Article 23 "Compensation" to conform overtime calculations to payroll software capabilities within the requirements of the Fair Labor Standards Act and to increase certificate pay to adjust compensation for the new overtime calculation. A motion was made by Council Member Mercedes Renteria III, and seconded by Council Member Terry Sain approving Ordinance No. 12,965. 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, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EIGHTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. PROPOSED RESOLUTIONS a. Consider a resolution directing the preparation of a service plan for the involuntary annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple sites located on the east side of North Main, from the East Freeway to Waltisville Road, Harris County, Texas. City Council Regular Meeting Minutes September 09, 2015 Page 21 of 32' Mrs. Foster presented the agenda item and stated that Resolution No. 2376 directs the preparation of a service plan for the involuntary annexation of approximately 206.35 acres for 18 parcels located on the east side of North Main, from the East Freeway to Wallisville Road and right -of -way along N. Main and a portion of Wallisville Road. She stated that other properties have been annexed in this area over the last few years and this action will close in the gaps of unannexed land near the City's 911 Center, the park, and a proposed residential neighborhood. Council Member Capetillo stated that there were concerns voiced to him that this annexation would hinder one of the VFW's main fundraising events involving a shooting range. Police Chief Dougherty stated that the shooting range would be grandfathered in but he would have to certify it. Mr. Ramirez stated that a shooting range is allowed within the City with the certification of the Chief of Police. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2376. 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, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE PREPARATION OF A SERVICE PLAN FOR THE ANNEXATION OF APPROXIMATELY 206.35 ACRES SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT 21, FOR MULTIPLE SITES LOCATED ON THE EAST SIDE OF NORTH MAIN, FROM THE EAST FREEWAY TO WALLISVILLE ROAD, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting the petition of Baker Road Extension LLC, for the voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast corner Blue Heron and North Main, Harris County, Texas, except previously annexed land by Ordinance No. 1365. Mrs. Foster presented the agenda item and stated that this particular land is located near Blue Heron in which Blue Heron is outside of the city limits. She stated that the property owner is requesting annexation for this parcel because they are in negotiations with a head start center to relocate to this parcel. City Council Regular Meeting Minutes September 09, 2015 Page 22 of 32 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2377. 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, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAKER ROAD EXTENSION LLC, FOR THE ANNEXATION OF APPROXIMATELY 3.62 ACRES OF LAND SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT 709, LOCATED AT THE NORTHEAST CORNER BLUE HERON AND NORTH MAIN, HARRIS COUNTY, TEXAS, SAVE AND EXCEPT PREVIOUSLY ANNEXED LAND BY ORDINANCE NO. 1365; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution nominating a person to serve on the Board of Directors of the Harris County Appraisal District. Mrs. Brysch presented both agenda items 13.c. and 13.d. She stated that the nominated representative for Harris County is Mr. Ed Heathcott and for Chambers County is Mr. Everett "Tan" Williams. Additionally, she stated that both nominees agreed to serve a third term. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2378 which approves the nomination of Mr. Ed Heathcott as a representative for a position on the Harris County Appraisal District Board. 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, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 09, 2015 Page 23 of 32 RESOLUTION NO. 2378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution nominating one or more candidates for positions on the Board of Directors of the Chambers County Appraisal District. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley approving Resolution No. 2379 which approves the nomination of Mr. Everett "Tan" Williams as a representative for a position on the Chambers County Appraisal District Board. The vote was as follows: 14. Ayes: Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (abstain) Approved RESOLUTION NO. 2379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. a. Discuss the Agreement for Emergency Protection Services between the City of Baytown and Chambers County Improvement District No. 1. Fire Chief Blake presented the agenda item and stated that the Chambers County Industrial District 1 requested an extension to review the original agreement that was proposed to them due to an increase in their payment amount. He stated that CCID No. 1 presented a new proposal amount for the agreement for Council's review. During further discussion, Mayor DonCarlos recommended that the proposed new agreement from CCID No.1 as well as an alternate that includes a flat rate with options of choosing a lower rate once at .04% or .025 %. City Council Regular Meeting Minutes September 09, 2015 Page 24 of 32 15. CONSENT Council Member Renteria requested that consent agenda item 15.p. be pulled for discussion. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 15.a. through 15.o. and 15.q. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Saint, Council Member Chris Presley Nays: None Approved a. Consider an ordinance awarding the Eastpoint Pipe - bursting Project to PM Construction & Rehab, LLC. ORDINANCE NO. 12,966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PM CONSTRUCTION & REHAB, LLC, FOR THE EASTPOINT PIPEBURSTING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB, LLC, FOR THE EASTPOINT PIPEBURSTING PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO HUNDRED TWENTY - FIVE THOUSAND AND NO 1100 DOLLARS ($225,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Change Order No.3 to the CDBG Housing Building and Structural Improvements Project with JC Stonewall Constructors, LP. ORDINANCE NO. 12,967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH JC STONEWALL CONSTRUCTORS, LP, FOR CDBG NON - HOUSING BUILDING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF FIFTY THOUSAND FOUR HUNDRED TWENTY -FOUR AND 43/100 DOLLARS ($50,424.43); MAKING City Council Regular Meeting Minutes September 09, 2015 Page 25 of 32 OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an earnest money contract with Kingbird, L.L.C., Keith Jaehne, and Brandon Jaehne for the purchase of 2.7453 acres behind the Municipal Service Center. ORDINANCE NO. 12,968 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 KINGBIRD, L.L.C., KEITH JAEHNE, AND BRANDON JAEHNE FOR THE PURCHASE OF 2.7453 ACRES, LOCATED BEHIND THE CITY OF BAYTOWN'S MUNICIPAL SERVICE CENTER; AUTHORIZING AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO 1100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and litter removal. ORDINANCE NO. 12,969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -THREE THOUSAND NINE HUNDRED FIFTY -EIGHT AND 70/100 DOLLARS ($73,958.70); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corporation. ORDINANCE NO. 12,970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 09, 2015 Page 26 of 32 f. Consider an ordinance accepting a donation of property from Exxon Mobil Corporation for a walking path. ORDINANCE NO. 12,971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF PROPERTY FROM THE EXXON MOBIL CORPORATION FOR A WALKING PATH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of three (3) half -ton crew cab pick- up trucks for the Parks and Recreation Department from Caldwell Country Chevrolet through the Houston- Galveston Area Council (H -GAC). ORDINANCE NO. 12,972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY THOUSAND SEVEN HUNDRED SIX AND NO /100 DOLLARS ($80,706.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) HALF -TON CREW CAB PICK -UP TRUCKS FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing the purchase of a prefabricated restroom building for Roseland Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities Limited. ORDINANCE NO. 12,973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY - THREE THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($123,900.00) TO RESTROOMS FACILITIES LIMITED THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR A PREFABRICATED RESTROOM BUILDING FOR ROSELAND PARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the renewal of the Annual Cleanup and Mowing Contract for the Health Department with McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc. City Council Regular Meeting Minutes September 09, 2015 Page 27 of 32 ORDINANCE NO. 12,974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of the Annual Hot -Mix Asphalt Contract with Century Asphalt Ltd. ORDINANCE NO. 12,975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND AND N01100 DOLLARS ($108,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. ORDINANCE NO. 12,976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY -THREE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of one (1) 2016 Chevrolet Tahoe and two (2) 2016 Chevrolet 2500HD Silverado crew cab pick -ups for the Fire Department from Caldwell Country Chevrolet through the Houston- Galveston Area Council (H -GAC). City Council Regular Meeting Minutes September 09, 2015 Page 28 of 32 ORDINANCE NO. 12,977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TEN THOUSAND THREE HUNDRED TWENTY -NINE AND NO /100 DOLLARS ($110,329.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2016 CHEVROLET TAHOE AND TWO (2) 2016 CHEVROLET 2500HD SILVERADO CREW CAB PICK -UPS FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the purchase of Cisco network equipment and installation services from Presidio, Inc. through the Texas Department of Information Resources. ORDINANCE NO. 12,978 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED FORTY -SEVEN THOUSAND THREE HUNDRED SEVENTY -ONE AND 27/100 DOLLARS ($547,371.27) TO PRESIDIO, INC., FOR THE PURCHASE OF CISCO NETWORK EQUIPMENT AND INSTALLATION SERVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance awarding a construction contract for the construction of the Pedestrian Bridge abutments and setting of a 70 -foot bridge over Goose Creek for the Goose Creek Phase V Trail. ORDINANCE NO. 12,979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MENADE, INC., FOR THE PEDESTRIAN BRIDGE HIKE AND BIKE TRAIL PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MENADE, INC., FOR THE PEDESTRIAN BRIDGE HIKE AND BIKE TRAIL PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED FIFTY THOUSAND AND NO 1100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 09, 2015 Page 29 of 32 o. Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier /administrator for the City of Baytown's medical and pharmaceutical claims. ORDINANCE NO. 12,980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED ONE THOUSAND FIVE HUNDRED NINETEEN AND NO /100 DOLLARS ($401,519.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing a contract with the Texas Department of State Health Services ( "DSHS ") for online computer services to research the DSHS database to issue certification of vital records. ORDINANCE NO. 12,981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR ONLINE COMPUTER SERVICES TO RESEARCH ITS DATABASE TO ISSUE CERTIFICATION OF VITAL RECORDS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND N01100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15.p. Consider a proposed ordinance amending Chapter 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -189 "Parking prohibited on certain front yards" of the Code of Ordinances, Baytown, Texas, to remove the four -hour exception. City Manager Davis stated that staff and some members of council discussed the difficulties associated with the current code enforcement as it relates to on premises parking. He stated that staff decided to bring forth an amendment to the current code that would eliminate the four hour provision and replace it by using discretion of the enforcement of it. He further stated that this agenda item was added to the agenda with the intent of helping to reduce the issue of front yard parking and being that there is an existing code it was logical to amend the portion that was causing it to be unenforceable. Director of the Health Department, Mr. Mike Lester stated that this issue has been brought on Cav Council Ronflar Meefin,, Minutes September 09, 2015 Pate 30 of 32 several complaints and that they enforce yard parking on a complaint basis. He stated that with the four hour grace period it is difficult for staifto enforce because they would have to prove the time violation. He stated that staff felt that this amendment would address this issue and control front yard parking. Council Member McCartney stated that this amendment may cause selective enforcement. Council Member Renteria, stated that he's not in Favor of the proposed arriendincrit as it will cause many citizens in his district to receive citations who don't have an area to park except then, front yard, Council Member Capetillo stated that the way the current code is written it's unent'orceable, Mayor DonCarlos recommended amending the code by removing the four hour provisions and include allowing a vehicle to be parked parallel the curb in a certain distance from their driveway. Council Member Renteria stated that some of the homes in his district don't have driveways. Mayor DonCarlos inquired if there was an ordinance that addressed home with no driveways coming into compliance with parking regulations. Mr. Lester stated that the older homes that have shell rock, grass, or dirt wouldn't be approved under the current standards, but are grandfathered in and must be maintained. Mr. Lester further stated that part of the debate during the last discussion related to this issue was that the current code states that behind the front of the building line so the code would have to be modified more to park next to the driveway in front of the building line. A motion was made by Council Member Robert C, floskins and seconded by Council Member Chris Presley approving to suspend this consent agenda 'item 15,p, for 30 days. The vote was as follows: Ayes. Mayor Stephen DonCarlos, Mayor ProTenr Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None A pproved 16. APPOINTMENTS a. Consider three (3) appointments to the Animal Control Advisory Committee. Currently, committee members Chief Keith Dougherty (Chief of Police), Mike Lester (Director of Health), and Dr. Cynthia Lipps, (Veterinarian) terms set to expire on September 30, 2015. Mrs. Brysch presented the agenda itern and stated that per the Ordinance the Chief of Police and City Council Regular Meeting Minutes September 09, 2015 Page 31 of 32 Director of Health must sit on this board. She further stated that Ms. Lipps desire reappointment for another two year term that will expire on September 29, 2017. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving the appointments of Chief Keith Dougherty, Mr. Mike Lester, and Dr. Cynthia Lipps to the Animal Control Advisory Committee. 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, Council Member Chris Presley Nays: None Approved 17. MANAGER'S REPORT a. Reminder of National Night Out 2015. City Manager Davis stated that the 9/11 Memorial Ceremony will take place at the community center on September 11, 2015, starting at 8:30 A.M. He stated that the Food for Fines program will operate through the month of September and the Library will be accepting one non- perishable food item for every dollar you owe on your account for overdue fines. Additionally, he reminded Council of the Council retreat which was scheduled for October 10, 2015, but is subject to change. Police Chief Dougherty stated that National Night Out is scheduled to take place on Tuesday, October 06, 2015, throughout various locations around the city. b. Present information regarding the 2015 Cards for Troops Campaign. Assistant City Manager, Mr. Kevin Troller stated that the City is part of a campaign led by Congressman Ted Poe and the Baytown Chamber of Commerce that last year collected more than 76,000 cards, which were sent to deployed troops around the world. He encouraged everyone to participate in the campaign. 18. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain adjourning the September 10, 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 City Council Regular Meeting Minutes September 09, 015 Page 32 of'32 Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the September 10, 2015, City Council Regular Meeting at 9:51 P.M. - - -- Leticia Brysc. r, City C City of Baytown