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2015 10 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 08, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 08, 2015, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Mike Holden 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 October 08, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on September 10, 2015. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the September 10, 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 October 08, 2015 Page 2 of 27 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating October as National Community Planning Month in Baytown. Ms. Patti Jett presented the agenda item and Mayor DonCarlos present to the Planning Department a proclamation designating October as National Community Planning Month in Baytown. b. Present a proclamation designating October as Domestic Violence Awareness Month in Baytown. Ms. Jett presented the agenda item and Mayor DonCarlos present to Leah Neese a proclamation designating October as Domestic Violence Awareness Month in Baytown. C. Receive the Certificate of Achievement in recognition of the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 2014. Ms. Jett presented to Acting Director Carl Currie the Certificate of Achievement in recognition of the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 2014. 3. ANNEXATION OF APPROXIMATELY 3.62 ACRES OF LAND a. Conduct the first public hearing concerning the voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast corner of Blue Heron and North Main, Harris County, Texas, except previously annexed land by Ordinance No. 1365, Harris County, Texas. At 6:38 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast comer of Blue Heron and North Main, Harris County, Texas, except previously annexed land by Ordinance No. 1365, Hams County, Texas. Director of Planning and Community Development, Mrs. Tiffany Foster stated that this agenda item is for a voluntary annexation of approximately 3.62 acres of land located at the northeast corner of Blue Heron and North Main Streets. She stated that the proposed development is going to be for the relocation of Hams County Head Start facility. With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the first public hearing at 6:38 P.M. b. Conduct the second public hearing concerning the voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast corner of Blue Heron and North Main, Harris County, Texas, except previously annexed land by Ordinance No. 1365, Harris County, Texas. City Council Regular Meeting Minutes October 08, 2015 Page 3 of 27 At 6:39 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast corner of Blue Heron and North Main, Harris County, Texas, except previously annexed land by Ordinance No. 1365, Harris County, Texas. With there being no one registered to speak regarding agenda item 3.b., Mayor DonCarlos closed the second public hearing at 6:39 P.M. 4. ANNEXATION OF APPROXIMATELY 206.35 ACRES OF LAND a. Conduct the first public hearing concerning the request 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 Wallisville Road, and right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. At 6:39 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the request 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 Wallisville Road, and right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. Mrs. Foster stated that this involuntary annexation of 18 parcels, as well as, right -of -way is part of the city's initiative to annex lands adjacent to the city limits and to close in the gaps surrounding these areas as the city develops. She stated that they are working with the developers with regards to the existing uses and developments that may have issues complying with the city's regulations. Mr. Sammy Hotchkiss registered to speak before the public hearing regarding agenda item 4.a. Mr. Hotchkiss stated that he's the President of the Baytown Youth Fair which is a self - funded 501(c) (3) organization that supports the kids of the Goose Creek school district through ways of the fair that's held on a parcel of land being annexed. He stated that he has concerns with the City's regulations as it relates to swine and concession stands hinders their youth fair operations. He stated that when North Main was widened, the County failed to realize that they had sewer connections; therefore they were left out and had to pay approximately $20,000 for an emergency sewer connection for the sewer system on the front building. He further stated that their concessions, which is in the back building that's on a septic system would not be allowed according to the City of Baytown code; therefore, could put the fair out of business. To address Mr. Hotchkiss's concern, Mr. Mike Lester, the Director of the Health Department stated that they are working with the organization and have recommendations to change the verbiage in the code to allow for the event to continue, but also wants to be careful not to extend too much that may cause unwanted allowances. Mayor DonCarlos requested that Council be updated with the details of the resolution. City Council Regular Meeting Minutes October 08, 2015 Page 4 of 27 Council Member Sain inquired if grandfathering was allowed for facilities during an annexation. City Attorney, Ignacio Ramirez stated that there are some grandfathering allowances with special state statues as well as government codes on swine; therefore, staff will be able to amend the code so that this won't be a problem. At 6:48 P.M., Mayor DonCarlos closed the first public hearing regarding agenda item 4.a. 5. REZONING OF APPROXIMATELY 7.42 ACRES OF LAND a. Conduct a public hearing regarding the proposed amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan for property located south of Interstate 10, east of Sjolander on the former Carbon Black Plant site, Harris County, Texas, from Business Park to Industrial. At 6:48 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the proposed amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan for property located south of Interstate 10, east of Sjolander on the former Carbon Black Plant site, Harris County, Texas, from Business Park to Industrial. Mrs. Foster stated that the proposed developers have plans to use the former Carbon Black Plant as a small petrochemical plant. She stated that back in July, Council committed to providing them a letter of intent for tax abatement and to develop a reinvestment zone. She further stated that currently the future land use plan designates this property as a business park which is not consistent with the former use or the current zoning of the area therefore; the amendment would make the zoning consistent with the FLUP. With there being no one registered to speak regarding agenda item 5.a., Mayor DonCarlos closed the first public at 6:51 P.M. b. Consider an ordinance regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan for property located south of Interstate 10, east of Sjolander on the former Carbon Black Plant site, Harris County, Texas, from Business Park to Industrial. Council Member Hoskins stated that although this is needed for the sake of the company and the project, he's concerned that this is encroaching on some existing and future residential growth in this area. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,892. 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 ORDINANCE NO. 12,892 City Council Regular Meeting Minutes October 08, 2015 Page 5 of 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Conduct the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.42 acres of the Southern Pacific Railroad Company/Union Pacific Railroad Company right -of -way, located north of Needlepoint Road and south of Interstate Highway 10 between Sjolander Road and Cedar Bayou Stream being a portion of Tract R -911 Abstract 4 of the William Bloodgood Survey, Harris County, Texas, from General Commercial (GC) to Heavy Industrial (HI). At 6:55 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.42 acres of the Southern Pacific Railroad Company/Union Pacific Railroad Company right -of -way, located north of Needlepoint Road and south of Interstate Highway 10 between Sjolander Road and Cedar Bayou Stream being a portion of Tract R -9B Abstract 4 of the William Bloodgood Survey, Harris County, Texas, from General Commercial (GC) to Heavy Industrial (HI). Mrs. Foster stated that in going through the annexation process, they went throughout the city and zoned the railroad right -of -way consistent to the adjacent zoning district which is done by parcels. She stated that the parcel that has the railroad in this particular area extends next to general commercial; therefore, they zoned the entire parcel general commercial which is not a problem until development is proposed next to it because of buffers and screening requirements. She further stated that this particular development will actually use the rail and the setbacks and buffers are not reasonable in this area of the railroad so staff is requesting for a zoning change to heavy industrial to be consistent with the parcel. Additionally, she stated that there's a larger parcel to the west of the railroad that is light industrial and therefore if development is requested on that parcel, the situation would be the same in that case as well. With there being no one registered to speak regarding agenda item 5.c., Mayor DonCarlos closed the public hearing at 6:57 P.M. d. Consider an ordinance amending the official zoning map to rezone approximately 7.42 acres of the Southern Pacific Railroad Company/ Union Pacific Railroad Company right -of -way, located north of Needlepoint Road and south of Interstate Highway 10 between Sjolander Road and Cedar Bayou stream being a portion of Tract R -911 Abstract 4 of the William Bloodgood Survey, Harris County, Texas, from General Commercial (GC) to Heavy Industrial (Hn. Council Member Hoskins inquired as to why the railroad would not be exempted to avoid these requests each time. In response to Council Members Hoskins inquiry, Mrs. Foster stated that they would not exempt the railroad because the railroad is using land in which the city zones all City Council Regular Meeting Minutes October 08, 2015 Page 6 of 27 of its land. Additionally, she stated that typically the city does not zone right -of -way, but all of railroad land is not just railroad right -of -ways and that this particular railroad is zoned throughout the city. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 12,983. The vote is 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 ORDINANCE NO. 12,983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 7.42 ACRES OF THE SOUTHERN PACIFIC RAILROAD COMPANY/UNION PACIFIC RAILROAD COMPANY RIGHT -OF -WAY, LOCATED NORTH OF NEEDLEPOINT ROAD AND SOUTH OF INTERSTATE HIGHWAY 10 BETWEEN SJOLANDER ROAD AND CEDAR BAYOU STREAM, BEING A PORTION OF TRACT R -9B ABSTRACT 4 OF THE WILLIAM BLOODGOOD SURVEY, HARRIS COUNTY, TEXAS, FROM A GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A HEAVY INDUSTRIAL (HI) ZONING 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. 6. SPECIAL USE PERMIT FOR APPROXIMATELY 80 ACRES OF LAND a. Conduct a public hearing concerning the granting of a special use permit for approximately 80 acres, at 9300 Needlepoint Road, located between Needlepoint Road and the south side of Interstate Highway 10, legally described as Tract 9G, William Bloodgood Survey, Abstract No. 4, Harris County, Texas. At 6:59 P.M., Mayor DonCarlos opened and conducted a public hearing concerning the granting of a special use permit for approximately 80 acres, at 9300 Needlepoint Road, located between Needlepoint Road and the south side of Interstate Highway 10, legally described as Tract 9G, William Bloodgood Survey, Abstract No. 4, Harris County, Texas. City Council Regular Meeting Minutes October 08, 2015 Page 7 of 27 Mrs. Foster stated that this permit will allow SBE Chemical Partners I LLC to use this land for heavy industrial and although the watershed protection ordinance already restricts them from constructing in that area they could clear, so staff added a condition to require them to keep and maintain a vegetative buffer 200 feet along the Bayou. Council Member Hoskins inquired as to what would be the intent of the property south of Needlepoint Road. In response to Council Member Hoskins inquiry, Mr. Thomas Suffield stated that there is no use for the property currently for future development. Mr. Mike Barreca and Mr. Thomas Suffield both registered to speak before the public hearing regarding agenda item 6.a. and address any questions regarding the project. At 7:01 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 6.a b. Consider an ordinance granting a special use permit for approximately 80 acres, at 9300 Needlepoint Road, located between Needlepoint Road and the south side of Interstate Highway 10, legally described as Tract 9G, William Bloodgood Survey, Abstract No. 4, Harris County, Texas. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 12,984. 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. 12,984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO SBE CHEMICAL PARTNERS I LLC, FOR THE DEVELOPMENT OF A PROCESS MANUFACTURING FACILITY THAT WILL CONVERT PETROCHEMICAL FEEDSTOCK INTO A FINAL OLEFIN PRODUCT TO BE LOCATED ON APPROXIMATELY 80 ACRES, AT 9300 NEEDLEPOINT ROAD, LOCATED BETWEEN NEEDLEPOINT ROAD AND THE SOUTH SIDE OF INTERSTATE HIGHWAY 10, LEGALLY DESCRIBED AS TRACT 9G, WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 08, 2015 Page 8 of 27 7. CITY OF BAYTOWN TAX RATE AND FEES a. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.45001 per $100 valuation and adopting the tax rate for Debt Service at $0.37202 per $100 valuation for the fiscal year ending September 30, 2016. Acting Finance Director, Mr. Carl Currie presented the agenda item and stated that the tax rate remains the same as the last several years. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,985. 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 ORDINANCE NO. 12,985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending the Code of Ordinances to adopt new and/or increases to fees for the Planning, Engineering, Health, City Clerk and Public Works Departments, which fees include, but are not limited to, those pertaining to building permits, inspections, GIS, abandonment petitions, platting, and stormwater. Mr. Currie presented the agenda item and stated that Ordinance No. 12,986 amends the code to adopt new and/or increase fees. He stated that the cost to provide the service was not being charged sufficiently; therefore, the fee changes were recommended and are on the lower end of the scale but in line with other neighboring municipalities. Additionally, he stated that the fees have not been increased in some time. Mrs. Foster further stated that as it relates to the building fees that their recommended fees were increased approximately 5% and are user fees City Council Regular Meeting Minutes October 08, 2015 Page 9 of 27 which are not fees covered by the general citizenry but are covered by those who request to develop. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,986. 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. 12,986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2 -595 "FEES FOR VARIOUS CITY SERVICES," SUBSECTIONS (1) "PLANNING SERVICES," AND (2) "DEVELOPMENT SERVICES" AND ARTICLE VII "DISPOSITION OF CITY PROPERTIES," SECTION 2 -766 "ABANDONMENT OF STREETS AND ALLEYS," SUBSECTION (B); CHAPTER 98 "UTILITIES," ARTICLE VI "STORMWATER," DIVISION 1 "GENERALLY," SECTION 98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES," SUBSECTION (A) "FEE," SUBSECTION (1) "RESIDENTIAL PROPERTY "; AND CHAPTER 126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION," DIVISION 1 "GENERALLY," SECTION 126 -36 "FILING FEE FOR PLATS"; DIVISION 2 "LOT CONSOLIDATION AND LOT LINE ADJUSTMENT," SECTION 126 -69 "PROCEDURE FOR COMMISSION APPROVAL," SUBSECTION (A); DIVISION 3 "SMALL SUBDIVISIONS," SECTION 126 -97 "PROCEDURE FOR COMMISSION APPROVAL," SUBSECTION (B) "FILING FEE'; DIVISION 3.5 "MINOR PLATS," SECTION 126 -106 "PLATTING PROCEDURES," SUBSECTION (B) "APPLICATION FEE "; DIVISION 3.6 "MINOR REPLATS," SECTION 126 -110 "PLATTING PROCEDURES," SUBSECTION (B) "APPLICATION FEE "; DIVISION 3.7 "AMENDING PLATS," SECTION 126 -117 "PLATTING PROCEDURES," SUBSECTION (B) "APPLICATION FEE" AND ARTICLE IV "IMPROVEMENTS," DIVISION 1 "GENERALLY," SECTION 126 -454 "AS -BUILT OR RECORD PLANS," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2 -595 "FEES FOR VARIOUS CITY SERVICES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING NEW SUBSECTIONS TO BE NUMBERED AND ENTITLED SUBSECTIONS (6) "ENGINEERING SERVICES" AND (7) "CITY CLERK City Council Regular Meeting Minutes October 08, 2015 Page 10 of 27 SERVICES" TO UPDATE FEES FOR CERTAIN SERVICES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. HARRIS COUNTY MUD NO. 459 Mayor DonCarlos stated that agenda items 8.a. and 8.b. were not ready for consideration. a. Consider a resolution granting consent to the inclusion of 128.143 acres situated in the Harvey Whiting Survey, Abstract 840, Harris County, Texas, and being a portion of the former Goose Creek Country Club property, into Harris County Municipal Utility District No. 459. b. Consider an ordinance authorizing an Amendment to the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 459. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving to suspend agenda items 8.a. and 8.b. 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 9. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Advance Funding Agreement with the State of Texas through the Texas Department of Transportation for the construction of traffic improvements on Spur 330 frontage road and signing and pavement markings at Spur 330 and I -10. Mr. Ramirez presented the agenda item and stated that Ordinance No. 12,987 authorizes an Advance Funding Agreement with the Texas Department of Transportation for the construction of traffic improvements for the Spur 330 frontage road in connection with the Exxon expansion. He stated that initially the agreement provided for the estimated cost but since then they have decided to do additional improvements; therefore this agreement replaces the initial advanced funding agreement. He stated that although the additional cost is more than the last amendment which was an increase of $50,000 but the agreement with Exxon does not have to be amended because there are sufficient funds in the contingency fee. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Saint approving Ordinance No. 12,987. The vote was as follows: City Council Regular Meeting Minutes October 08, 2015 Page 11 of 27 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. 12,987 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 AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS ON SPUR 330 FRONTAGE ROAD AS WELL AS SIGNING AND PAVEMENT MARKINGS AT SPUR 330 AND IH 10; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO MILLION NINE HUNDRED THIRTY -EIGHT THOUSAND TWO HUNDRED EIGHTY - SEVEN AND NO /100 DOLLARS ($2,938,287.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding a demolition contract for 1105 Decker Drive to Inland Environments, LTD. Mrs. Foster presented the agenda item and stated that Inland Environments, LTD., had the lowest bid of $716,842 to completely demolish all of the structures of the old San Jacinto Hospital as well as level the property to grade. Mayor DonCarlos inquired if asbestos was already removed. In response to Mayor DonCarlos's inquiry, Mrs. Foster stated that they know that some asbestos was removed but they are unable to verify because the contractor was never paid. She further stated that there is some asbestos within the bricks so an environmental company will monitor the demolition but the services is not included in the bid total. Council Member Hoskins stated that he received a call regarding San Jacinto Hospital being interested in retrieving two comer stones of the old San Jacinto Hospital building to display in the lobby of the current facility. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,988. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes October 08, 2015 Page 12 of 27 Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INLAND ENVIRONMENTS, LTD, FOR THE PREPARATION OF A STORM WATER PREVENTION PLAN AND FOR THE PERFORMANCE OF ASBESTOS ABATEMENT AND DEMOLITION SERVICES FOR THE STRUCTURES LOCATED AT 1105 DECKER DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SEVEN HUNDRED SIXTEEN THOUSAND FOUR HUNDRED EIGHTY -TWO AND N01100 DOLLARS ($716,482.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Meet and Confer Agreement with the Baytown Municipal Police Association, Inc. Legal Counselor, Ms. Deanie King presented the agenda item and stated that the Meet and Confer Agreement was approved by the City and the Association. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Brandon Capetillo approving Ordinance No. 12,989. 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 ORDINANCE NO. 12,989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 08, 2015 Page 13 of 27 d. Consider an ordinance repealing Chapter 78 "Personnel," Article IV "Police Officer, Firefighter Classification," Division 2 "Police Service Group," Subdivision II "Non -civil service," Section 78 -166 "Police cadet' of the Code of Ordinances, Baytown, Texas (the "Code ") and amending Sections 78 -167 "Police academy trainee" and 78 -196 "Patrol officer," Subsection (d) "Qualifications" of the Code to conform the classifications in the Police Service Group to the classifications specified in the Meet and Confer Agreement with the Baytown Municipal Police Association, Inc., and to update the name of the police licensing commission. Ms. King stated presented the agenda item and stated that this amendment combines the classifications of Police Cadet and Police Academy Trainee into the classification of Police Officer Trainee for the individuals coming in who have not been to the Academy, as well as, updates the name of the police licensing commission. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,990. 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. 12,990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 78 'PERSONNEL," ARTICLE IV "POLICE OFFICER, FIREFIGHTER CLASSIFICATIONS," DIVISION 2 'POLICE SERVICE GROUP," SECTION 78 -166 'POLICE CADET" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 78 "PERSONNEL," ARTICLE IV 'POLICE OFFICER, FIREFIGHTER CLASSIFICATIONS," DIVISION 2 'POLICE SERVICE GROUP," SECTIONS 78 -167 'POLICE ACADEMY TRAINEE" AND 78 -196 'PATROL OFFICER," SUBSECTION (D) "QUALIFICATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CONFORM THE CLASSIFICATIONS IN THE POLICE SERVICE GROUP TO THE CLASSIFICATIONS SPECIFIED IN THE MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC., AND TO UPDATE THE NAME OF THE POLICE LICENSING COMMISSION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 08, 2015 Page 14 of 27 e. Consider an ordinance authorizing the Agreement for Emergency Protection Services with Chambers County Improvement District No. 1. Mr. Ramirez presented the agenda item and stated that in reviewing this agreement along with multiple proposals of the service fee, Council requested options to consider for approval as it relates to this service agreement. He stated that the district has grown and their numbers are much higher from what was previously put into the chart; therefore the options being proposed for consideration are as follows: Option Chart 1 - up to $8 million; Option Chart 2 - up to $2 billion; and Option Chart 3 - up to $5 billion. He further stated that the district agreed to Option Chart 3 and submitted the numbers to the City in which staff reviewed and agrees to. Additionally, he stated that the contract would remain the same with the agreed formula inserted. Council Member Hoskins inquired as it relates to the mutual aid assistance, why was the city contracting with Channel Industries Mutual Aid "CIMA" in this area instead of mutual aid assistance in Mont Belvieu who has better equipment and response time, as well as, being located a few miles away. In response to Council Member Hoskins inquiry, Fire Chief Shon Blake stated when the contract was originally done CIMA was the preferred choice but he doesn't see a problem with using the Mandy Group for assistance. Council Member Hoskins recommended using Mandy as the first call and stated that Mandy and CIMA has a mutual aid agreement with each other and could be used for backup purposes. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Brandon Capetillo approving Ordinance No. 12,991. 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 ORDINANCE NO. 12,991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 TO PROVIDE FIRE PROTECTION SERVICES WITHIN THE DISTRICT'S BOUNDARIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance establishing the City of Baytown's 2015 -16 Tourism Partnership Grant Program Allocations and approving the standard form of agreements. City Council Regular Meeting Minutes October 08, 2015 Page 15 of 27 Tourism Coordinator, Ms. Anna Enderli presented the agenda item and stated that there were eight (8) applications received for the FY 15 -16 which included: the Art League of Baytown for $9,000; the Baytown Historical Preservation Association for $25,000; the Baytown Little Theater for $16,000; the Performing Arts Center for $10,500; Project Blue for $12,000; Texas Nonprofit Theaters for $10,000; and the Running Alliance Sport for $5,000. Ms. Jan Herring -Sealy (Baytown Little Theater), Mr. Kim Martin (Lee College Performance Art Center & Texas Nonprofit Theaters), Mr. Jim Zaruba (Project Blue), Ms. Marsha Landers (Art League of Baytown), and Gordon Ginzel (Christmas on Texas Avenue) all registered to speak regarding agenda item 9.f. to express their appreciation of the City of Baytown's support of their individual organizations and programs. Additionally, Mr. Ginzel requested for Council to consider providing more support towards their event as they've seen the support decline. Council Member Presley stated that he agrees that there should be more funding support for Christmas on Texas Avenue. Assistant City Manager, Mr. Kevin Troller stated that there are various qualifications needing to be met when considering an application for the amount requested and when reviewing the application for Christmas on Texas Avenue originally $2,000 is what qualified but staff went back a second time and could only justify the need for $3,000. He further stated that with what is being applied for along with what was reported from the organization at the end of the year does not qualify for the amount being requested. Ms. Enderli further stated that their budget didn't show qualified expenditures for HOT funds. Council Member Hoskins recommended adding an addendum that states that the additional funds requested are to be used specifically for advertisement. Council Member Presley recommended that an allowance of these funds be made towards Mr. Kenneth Pridgeon's contribution to tourism by his way of showcasing Baytown through his efforts of honoring falling veterans. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Brandon Capetillo approving Ordinance No. 12,992 as stated. 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 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving an addendum to agenda item 9.f. (Ordinance No. 12,992) adding an additional $3,000 to be used strictly for advertisement for Christmas on Texas Avenue. The vote was as follows: City Council Regular Meeting Minutes October 08, 2015 Page 16 of 27 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 ORDINANCE NO. 12,992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN 2015 -16 TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF EIGHTY - FIVE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($85,500.00) SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; APPROVING A STANDARD FORM HOTEL OCCUPANCY TAX GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. 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 defense and to add an exception to allow parking on front yards if parallel and adjacent to a single -lane driveway, and not in front of the primary residential structure. Mr. Mike Lester presented the agenda item and stated that this proposed ordinance adds an exception to allow parking on front yards if parallel and adjacent to a single -lane driveway as requested by Council at the previous meeting. Council Member McCartney stated that opening up parking to single lane driveways may make for a bigger problem; therefore, he recommended establishing an age requirement for houses that were built before a specified year as the lot sizes and driveways were smaller. Mr. Ramirez stated that the age of the house would be difficult to prove but lot size could be used instead. Mayor DonCarlos requested for the planning staff to provide information to Council at the next meeting regarding the plat lot sizes of the different subdivisions in the City. Mrs. Foster stated that in an effort to obtain lot sizes in the largest zone which is SF2 may be difficult because the lot sizes vary throughout the City. Additionally, Mrs. Foster requested that Council consider the new developments as it relates to this agenda item as they have one car driveways. City Council Regular Meeting Minutes October 08, 2015 Page 17 of 27 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving to suspend agenda item 9.g. 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 h. Consider an ordinance granting a limited variance to Section 94 -242 of the Code of Ordinances to allow Deep South Crane & Rigging to utilize Bayway Drive between Decker Drive and Baker Road to perform heavy hauls necessary to deliver sixteen (16) cargo loads to an ExxonMobil laydown area off Carter Road. City Clerk, Mrs. Leticia Brysch presented the agenda item and stated that Ordinance No. 12,993 grants a limited variance to Section 94 -242 of the Code of Ordinances to allow Deep South Crane & Rigging ( "Deep South ") to utilize Bayway Drive between Decker Drive and Baker Road to perform heavy hauls necessary to deliver sixteen (16) cargo loads to an ExxonMobil laydown area off Carter Road. She stated that they would have to obtain a super oversize /overweight single trip permit per move from the City, which requires a bond, insurance and restoration of damaged property, as well as, complies with the terms and conditions of such permit. She further stated that they would have to perform the transports at night after 9:00 P.M. and complete them prior to 5:00 A.M. Mr. John Hulse regsitered to speak regarding agenda item 9.h.to address any questions or concerns regarding the transports. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,993. 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 None Approved ORDINANCE NO. 12,993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A LIMITED VARIANCE TO SECTION 94 -242 OF City Council Regular Meeting Minutes October 08, 2015 Page 18 of 27 THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO DEEP SOUTH CRANE AND RIGGING IN ORDER TO UTILIZE BAYWAY DRIVE BETWEEN DECKER DRIVE AND BAKER ROAD TO PERFORM SIXTEEN HEAVY TRANSPORTS TO DELIVER CARGO TO AN EXXONMOBIL LAYDOWN AREA OFF CARTER ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. PROPOSED RESOLUTIONS a. Consider a resolution granting the petition of I -10 Sjolander LLC, for the voluntary annexation of approximately 1.49 acres of land situated in the Ashbel Smith Survey, Abstract No. 954, located at the southwest corner of Sjolander Road and East Freeway (I- 10), Harris County, Texas. Mrs. Foster presented the agenda item and stated that Resolution No. 2380 grants the petition of I -10 Sjolander LLC, for the voluntary annexation of approximately 1.49 acres of land located at the southwest corner of Sjolander Road and East Freeway (I -10) to extend utility services for a Valero Gas Station. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Resolution No. 2380. 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. 2380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF I -10 SJOLANDER, LLC, FOR THE ANNEXATION OF APPROXIMATELY 1.49 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF SJOLANDER ROAD AND EAST FREEWAY, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the City to accept a grant award from the Houston Ship Channel Security District on behalf of the Police and Fire Departments. Chief Blake presented the agenda item and stated that Resolution No. 2381 authorizes the City Manager to accept a grant award from the Houston Ship Channel Security District on behalf of City Council Regular Meeting Minutes October 08, 2015 Page 19 of 27 the Baytown Fire Department and Police Department Bomb Squad for the required 25% match for an earlier award from the FY2014 Port Security Grant Program. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2381. 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 RESOLUTION NO. 2381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE HOUSTON SHIP CHANNEL SECURITY DISTRICT (HSCSD) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT AND THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF NINETEEN THOUSAND TWO HUNDRED TWELVE AND 50 /100 DOLLARS ($19,212.50) FOR THE REQUIRED 25% MATCH FOR AN EARLIER AWARD FROM THE FY2014 PORT SECURITY GRANT PROGRAM; AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. REPORTS a. Receive a report concerning issues associated with uninsured motorists operating motor vehicles within the City limits of Baytown and charges filed in connection with the motorcycle fatality accident that occurred on June 23, 2015. Ms. King presented the agenda item and stated that at the meeting held on August 27th, the City Council requested that the City's staff provide information concerning various issues concerning uninsured motorists operating within the city limits of the City of Baytown in which she provided to Council. Mr. Rudy Rocha and Mrs. Johnna Crianza registered to speak regarding agenda item l La. Mr. Rocha recommended that Council considers putting in place police procedures to allow for fiuther action to be taken against an uninsured driver that causes an accident to include a fatality. City Council Regular Meeting Minutes October 08, 2015 Page 20 of 27 Mrs. Crianza requested that Council continues to work on the concerns regarding this agenda item and for the city's road conditions to be addressed with regards to safety. Mayor DonCarlos inquired as to when the revisions of the policy regarding this agenda item be ready. Ms. King stated that adjustments to the current policies related to this agenda item would be ready within two (2) weeks, but also stated that the police would still not be able to impound and hold because it's not allowed. Additionally, she stated that most of the concerns regarding this agenda item have to be addressed on a state law level. Mayor DonCarlos requested that the modifications are as stiff as allowable and that Council receives a copy of the policy after the modifications. He also recommended that staff address the concern regarding the City's road and that the Crianza family speaks with State Representative Wayne Smith in regards to their concerns for more penalties for uninsured drivers. b. Receive a report on the Comprehensive Plan Annual Report and Strategic Action Plan. Mrs. Foster presented the agenda item and stated that the annual report is put together from various departments to respond to the action items from the Comprehensive Plan adopted by City Council in 2007. She stated that this report is reviewed by the Planning and Zoning Commission in which they reviewed with comments and voted to forward the Comprehensive Plan Annual Report to Council. Council Member McCartney stated that the report was received. 12. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 12.a. through 12.r. 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 a. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the funding of the Texas Avenue Business Assistance Program. ORDINANCE NO. 12,994 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 City Council Regular Meeting Minutes October 08, 2015 Page 21 of 27 THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE FUNDING OF THE TEXAS AVENUE BUSINESS ASSISTANCE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the First Amendment to the Cost -Share Agreement with Stanmore /ADEF Baytown, LP, to remove the lift station upgrade project from such agreement. ORDINANCE NO. 12,995 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 COST - SHARE AGREEMENT WITH STANMORE /ADEF BAYTOWN, LP, FOR A WATERLINE EXTENSION AND ABANDONMENT PROJECT AND A LIFT STATION UPGRADE PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the expenditures associated with the routing, boundaries, appraisal and survey of the proposed municipal golf course. ORDINANCE NO. 12,996 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 EXPENDITURES ASSOCIATED WITH THE ROUTING, BOUNDARIES, APPRAISAL AND SURVEY OF THE PROPOSED MUNICIPAL GOLF COURSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the closeout and acceptance of the Baytown Utility Billing Renovation and Addition Project. ORDINANCE NO. 12,997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAYTOWN UTILITY BILLING RENOVATION AND ADDITION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -SIX THOUSAND FIVE HUNDRED SEVENTY -NINE AND 40/100 DOLLARS ($26,579.40) TO MONTGOMERY BUILDING SERVICES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 08, 2015 Page 22 of 27 e. Consider an ordinance authorizing the closeout and acceptance for the Hayes Road Emergency Manhole Repair Project. ORDINANCE NO. 12,998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE HAYES ROAD EMERGENCY MANHOLE REPAIR PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY -SIX THOUSAND NINE HUNDRED SEVEN AND 18/100 DOLLARS ($136,907.18) TO PM CONSTRUCTION & REHAB, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of one stop sign on East Chase Street at its intersection with Eastpoint Boulevard. ORDINANCE NO. 12,999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON EAST CHASE STREET AT ITS INTERSECTION WITH EASTPOINT BOULEVARD; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal Contract with Sprint Transport, LLC. ORDINANCE NO. 13,000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT TRANSPORT, LLC, FWA RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY THOUSAND AND N01100 DOLLARS ($220,000.00); MAKING OTHER PROVISIONS City Council Regular Meeting Minutes October 08, 2015 Page 23 of 27 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing the purchase of one (1) 2015 Case Track Loader and one (1) 2016 Gradall 3100 through Houston- Galveston Area Council (H -GAC). ORDINANCE NO. 13,001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED NINETY AND NO /100 DOLLARS ($418,890.00) TO ASSOCIATED SUPPLY CO., INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2015 CASE TRACK LOADER AND ONE (1) 2016 GRADALL 3100 FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of three (3) 2016 Freightliner trucks through Houston - Galveston Area Council (H -GAC). ORDINANCE NO. 13,002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED FORTY - FIVE THOUSAND SEVEN HUNDRED FOURTEEN AND N01100 DOLLARS ($345,714.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2016 FREIGHTLINER TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing expenditures for the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services to Waste Management of Texas, Inc. ORDINANCE NO. 13,003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE MILLION THREE HUNDRED EIGHTY -SIX THOUSAND THREE HUNDRED SEVENTEENAND 44/100 DOLLARS ($3,386,317.44) TO WASTE MANAGEMENT OF TEXAS, INC., AS THE COST FOR CURBSIDE RECYCLING AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 08, 2015 Page 24 of 27 k. Consider an ordinance authorizing the purchase of one (1) 2016 Pipehunter with Tandem Trailer through BuyBoard. ORDINANCE NO. 13,004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -SIX THOUSAND SIX HUNDRED SEVENTY -NINE AND NO /100 DOLLARS ($56,679.00) TO TEXAS UNDERGROUND, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) 2016 MODEL 7934 PIPEHUNTER WITH TANDEM TRAILER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of twelve (12) sit -stand dispatch consoles for the Joint 911 Emergency Communications and Information Data Services Center from Evans Consoles, Incorporated, through the Houston- Galveston Area Council (H -GAC). ORDINANCE NO. 13,005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTY -TWO THOUSAND SIX HUNDRED TWENTY -SEVEN AND 65/100 DOLLARS ($252,627.65) TO EVANS CONSOLES, INCORPORATED, THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWELVE (12) SIT -STAND DISPATCH CONSOLES FOR THE COMMUNICATIONS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the purchase of office furniture and fixtures for the new Joint 911 Emergency Communications and Information Data Services Center located at 7800 N. Main Street, Baytown, Texas. ORDINANCE NO. 13,006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY - SIX THOUAND FIVE HUNDRED EIGHTY -THREE AND 32/100 DOLLARS ($186,583.32) TO OUR FINE INTERIOR SOLUTIONS, L.P., THROUGH THE UNITED STATES GENERAL SERVICES ADMINISTRATION'S COOPERATIVE PURCHASING PROGRAM, TEXAS CO -OP PURCHASING PROGRAM, THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE, FOR THE PURCHASE OF FURNITURE FOR USE IN THE City Council Regular Meeting Minutes October 08, 2015 Page 25 of 27 CITY'S JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER AND FOR RELATED LABOR AND DELIVERY CHARGES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage for FY 2016. ORDINANCE NO. 13,007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2016; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED SEVENTY -SIX THOUSAND FORTY -TWO AND NO /100 DOLLARS ($76,042.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City's property and casualty insurance. ORDINANCE NO. 13,008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, AN AMOUNT NOT TO EXCEED SEVEN HUNDRED TWENTY -SIX THOUSAND EIGHTY AND NO /100 DOLLARS ($726,080.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance awarding the Annual Gasoline and Diesel Fuel Contract to Gold Star Petroleum, Inc. ORDINANCE NO. 13,009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLD STAR PETROLEUM, INC., FOR City Council Regular Meeting Minutes October 08, 2015 Page 26 of 27 THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION TWO HUNDRED THOUSAND AND NO NO 1100 DOLLARS ($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School District for ad valorem tax assessment and collection services. ORDINANCE NO. 13,010 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2014 -2015 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY -EIGHT THOUSAND FIVE HUNDRED NINETEEN AND 30/100 DOLLARS ($68,519.30); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an amendment to the interlocal agreement with the Baytown Municipal Development District for repairs to the Firefighter Memorial at Bicentennial Park. ORDINANCE NO. 13,011 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE BICENTENNIAL PARK FIREFIGHTER MEMORIAL REPAIR PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. MANAGER'S REPORT a. Present information on the upcoming Amnesty Days at the Baytown Municipal Court. Marshall Joe LaRive presented the agenda item and stated that October 16th, 23rd, and 30th, are amnesty days for Baytown residents which provide opportunities for the safe discussion of options to settle warrants without the fear of being arrested. b. Extend an invitation to Council to participate in the 2015 City of Baytown United Way Campaign. City Council Replar Meeting Nfinutes October 08, 2015 Page 27 of 27 Ms. Jaime Fustace presented the agenda item and stated that campaign would begin with the annual cook-off on October 20th at 11:00 A. NI C. Present information regarding the Baytown Community Health & Safety Fair. Mr. Bill Vola presented the agenda item and stated that on Saturday October 17, Baytown Emergency Management will host the 6th annual Baytown Area Community Health & Safety Fair at Goose Creek Memorial High School from 10:00 A.M. — 2 P.M., which is sponsored by Baytown OEM and the Greater Baytown/Chambers Local Emergency Planning Committee (LEPC). d. Present information regarding the Fall 2015 CERI"Frainim; program that starts on the evening of October 13th. Mr. Vela stated that the Fall 2015 CERT Training program starts on Tuesday, October I 3th, from 6:30 P.M. - 9.30 P.M. He stated that the self-hell) course is taught ever eight (8) weeks students to be self-reliant as well as to help their families, neighbors and neighborhoods after a catastrophe. 14. ADJOURN A motion was made by Council Member 'ferry Sam and seconded by Council Member Chris Presley adjourning the October 087, 2015, City Council Regular meeting. 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, 111, Council Member "Gerry Sam, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 08, 2015, City Council Regular Meeting at 8:58 P. L /icia Brysch, City Cle-, rk ('try of Baytown 0 F t �: ......