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2015 12 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 10, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 10, 2015, at 6:34 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 December 10, 2015, City Council Regular Meeting with a quorum present at 6:34 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Renteria. 1. SWEARING -IN CEREMONY a. Administer the oath of office to Mayor Stephen H. DonCarlos for his fourth term of office as Mayor of the City of Baytown. Commissioner Rusty Senac administered the oath of office to Mayor Stephen H. DonCarlos for his fourth term of office as Mayor of the City of Baytown. 2. MINUTES Mayor DonCarlos stated that agenda items 2.a. and 2.b. would be considered together. a. Consider approving the minutes of the City Council Work Session Meeting held on October 22, 2015. b. Consider approving the minutes of the City Council Regular Meeting held on November 16, 2015. City Council Regular Meeting Minutes December 10, 2015 Page 2 of 32 A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the October 22, 2015, City Council Work Session Regular Meeting and the November 16, 2015, City Council Regular Meeting minutes. The vote was as follows with the exception of the November 16, 2015, minutes in which Council Member Capetillo abstained: 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 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize Team TEXAS Special Needs for winning the 2015 PONY Softball World Series. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos recognized Team TEXAS Special Needs for their incredible accomplishments, as well as, all the coaches, volunteers, parents, and mentors to dedicate their lives to helping these players succeed. b. Ms. Michelle Reeves requested to appear before council to invite citizens, staff and council members to participate in the Cruisin' Texas Toy Drive on December 19, 2015. Ms. Reeves stated that the toy drive is scheduled for December 19, 2015, at the Baytown Civic Center at 2:00 P.M. C. Presentation of the Chief's Excellent Service Medal to Officer Kevin Davis. Chief of Police, Keith Dougherty presented to Officer Kevin Davis the Excellent Service Medal for his exceptional service as an assigned traffic unit officer. d. Recognize employees for their dedicated years of service to the City (5, 10, 15 years). Director of Human Resources, Ms. Carol Flynt presented the agenda item and recognized employees for their dedicated years of service to the City. 5 Years Lance Frazar, Dentention Officer 10 Years Jon Snell, Fire Equipment Operator Noah Travis, Fire Equipment Operator Matthew Mitchell, Firefighter City Council Regular Meeting Minutes December 10, 2015 Page 3 of 32 George Hasbrouck, Firefighter 15 Years Timothy Lancon, Public Works Foreman 20 Years Gary Wills, Fire Lieutenant 30 Years David Alford, Assistant Police Chief Richard Whitaker, Police Lieutenant Mayor DonCarlos requested that the agenda be taken out of order to consider agenda items 15.b. and 15.d. 15.b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.073 to discuss a negotiated contract for a prospective gift of donation to the City of Baytown. At 7:07 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.073 to discuss a negotiated contract for a prospective gift of donation to the City of Baytown. At 7:14 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. Mayor DonCarlos stated Mr. Gene Russell signed an agreement donating $1 million to the City for the establishment of a park on Wallisville Road to be named the Gene and Loretta Russell Park. 15.d. Consider an ordinance authorizing a Grant Agreement to support a municipal park. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,052. 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 December 10, 2015 Page 4 of 32 ORDINANCE NO. 13,052 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 GRANT AGREEMENT WITH ALLEN E. ( GENE) RUSSELL, LORETTA RUSSELL, AND THE GENE AND LORE-17A RUSSELL FOUNDATION FOR THE DONATION OF FUNDS FOR PARK PURPOSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing MaterialScience to accept the donation of compacting trash and recycling bins. an agreement with Covestro, Un/a Bayer funds for the purchase of solar - powered Director of Strategic Development, Mr. Nick Woolery presented the agenda item and stated that Ordinance No. 13,053 authorizes an agreement with Covestro, f/n/a Bayer MaterialScience to accept the donation of $100,000 for the purchase of (14) solar - powered compacting trash and recycling bins to be placed in City parks. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,053. 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 Tent' Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH COVESTRO, F/K/A BAYER MATERIALSCIENCE TO ACCEPT THE DONATION OF FUNDS FOR THE PURCHASE OF SOLAR - POWERED COMPACTING TRASH AND RECYCLING BINS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an agreement with Covestro, f/n/a Bayer MaterialScience, to accept the donation of funds for the purchase of a mobile trailer for the Eddie V. Gray Wetlands Recreation and Education Center. Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 13,054 authorizes an agreement with Covestro, f/n/a Bayer MaterialScience, to accept the donation of funds for the purchase of a mobile trailer for the Eddie V. Gray City Council Regular Meeting Minutes December 10, 2015 Page 5 of 32 Wetlands Recreation and Education Center and for outfitting it with custom designed sustainable energy exhibits. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,054. 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. 13,054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH COVESTRO, F /K/A BAYER MATERIALSCIENCE TO ACCEPT THE DONATION OF FUNDS FOR THE PURCHASE OF A MOBILE TRAILER FOR THE EDDIE V. GRAY WETLANDS RECREATION AND EDUCATION CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 There was no discussion regarding agenda items 4.a. and 4.b., as City Attorney, Mr. Ignacio Ramirez stated that the items weren't ready for consideration. a. Consider a resolution granting consent to the creation of the Harris County Municipal Utility District No. 528 and the inclusion therein of additional territory in the Tri -City Beach /Hwy 146 area. b. Consider an ordinance authorizing a Utility Functions and Services Allocation Agreement with Graham Mortgage Corporation, Lone Star 5000 Corporation, Texas Capital Development Corporation, Inc., and Hazelwood Enterprises, Incorporated, on behalf of the proposed Harris County Municipal Utility District No. 528. 5. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459 Mr. Ramirez stated that agenda items 5.a. and 5.b. would both be considered together. 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. City Council Regular Meeting Minutes December 10, 2015 Page 6 of 32 b. Consider an ordinance authorizing an Amendment to the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 459. Mr. Ramirez stated that Resolution No. 2387 grants 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 Goose Creek Country Club property, into Harris County Municipal Utility District No. 459 (the "District "). He further stated that Ordinance No. 13,055 authorizes an amendment to the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 459 (the "MUD "). A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Resolution No. 2387 and Ordinance No. 13,055. 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. 2387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 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; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,055 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 THE FIRST AMENDMENT TO THE UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a development agreement with D.R. Horton, Inc., for certain roadway and infrastructure improvements associated with Goose Creek City Council Regular Meeting Minutes December 10, 2015 Page 7 of 32 Reserve, a residential development located on the site of the former Goose Creek Country Club. Director of Engineering, Mr. Jose Pastrana presented the agenda item and stated that Ordinance No. 13,056 authorizes a development agreement with D.R. Horton, Inc. (the "Developer ") to undertake certain roadway, drainage, and utility improvements /adjustments associated with Goose Creek Reserve, including a signalized intersection at the intersection of W. Baker Road and Country Club Drive which shall be installed in accordance with the City's specifications. Additionally, he stated that the City shall contribute 50% of the cost of the traffic signal installation or $160,000, whichever is less. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13, 056. 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. 13,056 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 THE DEVELOPMENT AGREEMENT WITH D.R. HORTON, INC., FOR CERTAIN ROADWAY AND INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH GOOSE CREEK RESERVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. ANNEXATION OF APPROXIMATELY 206.35 ACRES OF LAND a. Consider an ordinance authorizing one or more Development Agreements with owners of property within the 206.35 acres of land to be annexed. b. Consider an ordinance for the second and final reading of the proposed 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 the right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. C. Consider an ordinance placing the newly annexed property generally described as approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple City Council Regular Meeting Minutes December 10, 2015 Page 8 of 32 sites located on the east side of North Main, from the East Freeway to Wallisville Road, and the right -of -way along N. Main and a portion of Watlisville Road, Harris County, Texas, into Council District No. 4. d. Consider an ordinance amending Chapter 14 "Animals," Article I "In General," Section 14 -8 of the Code of Ordinances, Baytown, Texas, to permit swine within the corporate limits of the City under limited conditions. Director of Planning and Development, Mrs. Tiffany Foster stated that agenda items 6.a. through 6.d. are all associated with the annexation along North of I -10 and Wallisville; therefore she considered them all together. She stated that agenda item 6.a. is a development agreement, in which anyone who has an exemption and would like to remain outside the city limits may do so with such agreement for up to seven (7) years. She further stated that of the area being annexed, one of the property owners of approximately 76 acres requested to maintain their current status and utilize the development agreement. Mayor DonCarlos inquired if the City had to allow them the option of remaining outside of the city limits. In response to Mayor DonCarlos's inquiry, Mrs. Foster stated that the City had to allow the property owners that option, but if anytime within the seven (7) years the property owner's decide to make any improvements or develop where they're not using for agricultural purposes they would be automatically annexed. During further discussion, Mrs. Foster stated that agenda item 6.b. (Ordinance No. 13,032) is the second and final reading regarding the proposed involuntary annexation of approximately 206.35 acres less the land considered in the development agreement. Additionally, she stated that agenda item 6.c. (Ordinance No. 13,058) places the annexed properties into council District No. 4. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving agenda items 6.a. (Ordinance No. 13,057), 6.b. (Ordinance No. 13,032), 6.c. (Ordinance No. 13,058), and 6.d. (Ordinance No. 13,059). 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. 13,057 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 DEVELOPMENT AGREEMENTS WITH CERTAIN OWNERS OF PROPERTY WITHIN THE PROPOSED 206.35 -ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 10, 2015 Page 9 of 32 ORDINANCE NO. 13,032 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 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 THE RIGHT -OF -WAY ALONG N. MAIN AND A PORTION OF WALLISVILLE ROAD, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 13,058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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 THE RIGHT -OF -WAY ALONG N. MAIN AND A PORTION OF WALLISVILLE ROAD, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL," SECTION 14 -8 "CERTAIN ANIMALS RESTRICTED" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PERMIT SWINE WITHIN THE CORPORATE LIMITS OF THE CITY UNDER LIMITED CONDITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/ 100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. ANNEXATION AND REZONING OF APPROXIMATELY 3.62 ACRES OF LAND Mayor DonCarlos stated that agenda items 7.a. and 7.b. would both be considered together. a. Consider an ordinance for the second and final reading of the proposed 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 City Council Regular Meeting Minutes December 10, 2015 Page 10 of 32 County, Texas, save and except previously annexed land by the City of Baytown via Ordinance No. 1365. b. Consider an ordinance placing the newly annexed property generally described as 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, save and except previously annexed land by the City of Baytown via Ordinance No. 1365 into Council District No. 4. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,031 is the second and final reading regarding the proposed voluntary annexation of approximately 3.62 acres of land located at the northeast comer of Blue Heron and North Main. She stated that this proposed annexation is being requested to develop the property into a commercial use for a Headstart. She further stated that Ordinance No. 13,060 places this land into Council District No. 4. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,031 and Ordinance No. 13,060. 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. 13,031 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 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, SAVE AND EXCEPT PREVIOUSLY ANNEXED LAND BY THE CITY OF BAYTOWN VIA ORDINANCE NO. 1365, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 13,060 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 3.62 ACRES OF LAND SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT 709, LOCATED AT THE City Council Regular Meeting Minutes December 10, 2015 Page 11 of 32 NORTHEAST CORNER OF BLUE HERON AND NORTH MAIN, HARRIS COUNTY, TEXAS, SAVE AND EXCEPT PREVIOUSLY ANNEXED LAND BY THE CITY OF BAYTOWN VIA ORDINANCE NO. 1365, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 3.62 acres of land, save and except land previously annexed by Ordinance No. 1365, located at the intersection of N. Main Street along the north right -of -way of Blue Heron Parkway, part of and out of J. W. Singleton Survey, Abstract No. 709, Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). At 7:28 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 3.62 acres of land, save and except land previously annexed by Ordinance No. 1365, located at the intersection of N. Main Street along the north right -of -way of Blue Heron Parkway, part of and out of J. W. Singleton Survey, Abstract No. 709, Hams County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). With there being no one registered to speak regarding agenda item 7.c., Mayor DonCarlos closed the public hearing at 7:28 P.M. d. Consider approving a proposed amendment to the official zoning map to rezone approximately 3.62 acres of land, save and except land previously annexed by Ordinance No. 1365, located at the intersection of N. Main Street along the north right -of -way of Blue Heron Parkway, part of and out of J. W. Singleton Survey, Abstract No. 709, Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,061. 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. 13,061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF City Council Regular Meeting Minutes December 10, 2015 Page 12 of 32 BAYTOWN TO REZONE APPROXIMATELY 3.62 ACRES OF LAND, SAVE AND EXCEPT LAND PREVIOUSLY ANNEXED BY ORDINANCE NO. 1365, LOCATED AT THE INTERSECTION OF N. MAIN STREET ALONG THE NORTH RIGHT -OF -WAY OF BLUE HERON PARKWAY, PART OF AND OUT OF J. W. SINGLETON SURVEY, ABSTRACT NO. 709, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE /RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 8. REZONING OF APPROXIMATELY 6.36 ACRES OF LAND a. Conduct a public hearing concerning amending the text of the Unified Land Development Code (ULDC) to provide for additional heavier commercial uses in the General Commercial (GC) zoning district, to develop definitions and compatibly standards related thereto, and to clarify and consolidate terms, uses and conditions for all zoning districts. At 7:29 P.M., Mayor DonCarlos opened and conducted a public hearing concerning amending the text of the Unified Land Development Code (ULDC) to provide for additional heavier commercial uses in the General Commercial (GC) zoning district, to develop definitions and compatibly standards related thereto, and to clarify and consolidate terms, uses and conditions for all zoning districts. Mrs. Foster stated that agenda item 8.a. is a follow up from a case discussed at a prior council meeting back in September where an existing business requested to amend the code from general commercial (GC) to light industrial (LI) use along N. Main. She stated that City Council instructed Staff to provide options for heavier commercial uses in response to a proposed redevelopment along N. Main Street. She stated that at that time, staff thought about adding a new zoning category, but the timeline given was not sufficient for the complete process to be done so staff decided that they could accomplish the same initial goal with adding heavier uses within the general commercial (GC) district. She stated that they developed the following amendments to the ULDC that adds four heavier commercial uses in GC while providing conditions to those uses, as well as, additional conditions with other GC uses for compatibility to adjacent properties. She stated that the four heavier uses include: warehouse and freight movement, supply houses, wholesale trade, and manufacturing (light). Council Member Capetillo inquired as to what controls will there be to prevent tilt wall warehousing in general commercial and recommended a size condition for such. Mrs. Foster stated that there are conditions, as well as, the current GC standards that must be met that will limit those types of buildings. Council Member Presley inquired as to what would be the process on getting an exception or variance to one of the conditions. Mrs. Foster stated that the process would be the variance process through the Zoning Board of Adjustments. City Council Regular Meeting Minutes December 10, 2015 Page 13 of 32 Jim Nicholas registered to speak before the public hearing regarding agenda item 8.a. but passed on speaking. At 7:38 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 8.a. b. Consider an ordinance amending the text of the Unified Land Development Code (ULDC) to provide for additional heavier commercial uses in the General Commercial (GC) zoning district, to develop definitions and compatibly standards related thereto, and to clarify and consolidate terms, uses and conditions for all zoning districts to better differentiate between adjacent uses and districts. A motion was made by Council Member Sain and seconded by Council Member Hoskins approving Ordinance No. 13,062. 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. 13,062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.04 "COMMERCIAL ZONING DISTRICTS," SUBSECTIONS (D) "GENERAL COMMERCIAL ( "GC ")" AND (F) "LIGHT INDUSTRIAL ( "LI ") "; SECTION 2.09 "LAND USE TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES" AND TABLE 2 -3 "NON- RESIDENTIAL ACCESSORY USE TABLE"; AND SECTION 2.10 "LAND USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS "; ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS "; AND ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROVIDE FOR ADDITIONAL HEAVIER COMMERCIAL USES IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT, TO DEVELOP DEFINITIONS AND COMPATIBILITY STANDARDS RELATING THERETO, AND TO CLARIFY AND CONSOLIDATE TERMS, USES AND CONDITIONS FOR ALL ZONING DISTRICTS TO BETTER DIFFERENTIATE BETWEEN ADJACENT USES AND DISTRICTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO City Council Regular Meeting Minutes December 10, 2015 Page 14 of 32 THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. 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 Industrial (LI). Mrs. Foster stated that agenda items 8.c. and 8.d. were carried over from a previous meeting and were no longer needed because of the text amendments; therefore no further action was taken. Mr. Nicholas stated that he would withdraw agenda item 8.c. since the other items were passed. He stated that the building was built prior to the zoning and should be zoned as what they were using it for when the zoning took place. He further requested to speak with Mayor DonCarlos and City Manager Davis as he felt he was done an injustice in regards to this property. 9. a. Consider an ordinance for the first reading of the proposed voluntary annexation of approximately 1.5 acres of land located at the southwest intersection of East Freeway (I -10) Frontage Road and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,063 is the first reading regarding the proposed voluntary annexation of approximately 1.5 acres of land located at the southwest intersection of East Freeway (I -10) Frontage Road and Sjolander Road for the future construction of a convenience store. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 13,063. 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 City Council Regular Meeting Minutes December 10, 2015 Page 15 of 32 ORDINANCE NO. 13,063 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 1.5 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF EAST FREEWAY (I -10) FRONTAGE ROAD AND SJOLANDER ROAD, PART OF AND OUT OF ASHBEL SMITH SURVEY, ABSTRACT NO. 954, 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 authorizing a Construction Contract with PM Construction & Rehab, LLC., for the Kilgore Pipebursting Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,064 approves a Construction Contract with PM Construction & Rehab, LLC., for the Kilgore Pipebursting Project in an amount not to exceed $1,605,900 plus $50,000 owners contingency bringing the total contract price to $1,655,900. He stated that the scope of work includes approximately 3360 - feet of sanitary sewer rehabilitation work, primarily utilizing the pipebursting method, but will also include some removal and replacement by the open cut trench method as needed. Additionally, he stated that three (3) bids were received and publicly opened in the Council Chambers on November 17, 2015, with the low bidder being PM Construction & Rehab, LLC. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,064. 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. 13,064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PM CONSTRUCTION & REHAB, LLC, FOR THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB, LLC, FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE City Council Regular Meeting Minutes December 10, 2015 Page 16 of 32 SUM OF ONE MILLION SIX HUNDRED FIFTY -FIVE THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($1,655,900.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Construction Contract with T Construction L.L.C., for the E. Baker Road Pipebursting Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,065 approves a Construction Contract with T Construction L.L.C., for the E. Baker Road Pipebursting Project in the amount not to exceed $798,420, plus $25,000 for owner's contingency, bringing the total contract price to $823,420.00. He stated that the scope of work includes approximately 4000 -feet of sanitary sewer rehabilitation work, primarily utilizing the pipebursting method, but will also include some removal and replacement by the open cut trench method as needed. He further stated that five (5) bids were received and publicly opened in the Council Chambers on November 17, 2015, and T. Construction LLC was the lowest bid. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 13,065. 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. 13,065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF T CONSTRUCTION L.L.C., FOR THE E. BAKER ROAD PIPEBURSTING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH T CONSTRUCTION L.L.C., FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF EIGHT HUNDRED TWENTY -THREE THOUSAND FOUR HUNDRED TWENTY AND NO /100 DOLLARS ($823,420.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 22 "Civil Emergencies," Article III "Pre - Disaster Management," Division 1 "Residential Board and Care Occupancy" of the Code of Ordinances to adopt the Life Safety Code, to update language regarding residential board and care facilities, to require certificates of occupancy, and to prescribe a late fee. City Council Regular Meeting Minutes December 10, 2015 Page 17 of 32 Emergency Management Coordinator, Mr. Bill Vola presented the agenda item and stated that Ordinance No. 13,066 amends some of the provisions of the existing regulations for Custodial Care facilities. He stated that failure by facilities to comply with timely license renewals causes for late fees to be accessed and that for life safety concerns an increase to the width size of the doorways are being requested in which the facilities will have approximately two (2) years to come into compliance. He further stated that the consequences for not coming into compliance by the requested timeframe would be a violation of the ordinance with the possibility of not being able to receive a permit from the City. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,066. 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. 13,066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE- DISASTER MANAGEMENT" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME DIVISION 1 "CUSTODIAL RESIDENTIAL CARE AND LIVING FACILITIES" TO DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY "; AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE- DISASTER MANAGEMENT," DIVISION 1 'RESIDENTIAL BOARD AND CARE OCCUPANCY," SECTION 22 -100 "APPLICABILITY," SECTION 22 -101 "DEFINITIONS," SECTION 22 -102 "PERMIT," SECTION 22 -103 "APPLICATION," SECTION 22 -105 "PERMIT ISSUANCE; DENIAL; REVOCATION; LATE RENEWAL; APPEAL," SECTION 22 -106 "LOCATION REGULATION," AND SECTION 22 -10 "VIOLATIONS AND PENALTIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE - DISASTER MANAGEMENT" DIVISION 1 'RESIDENTIAL BOARD AND CARE OCCUPANCY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION 22 -101.3 "LIFE SAFETY CODE" AND SECTION 22- 101.5 "STANDARDS "; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM City Council Regular Meeting Minutes December 10, 2015 Page 18 of 32 PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 10. PROPOSED RESOLUTIONS Assistant Attorney, Mrs. Karen Homer requested that agenda items 10.a. and 10.b. be considered together. a. Consider a resolution repealing Resolution Nos. 2007 and 2234 and establishing an Existing Company Industrial District Policy together with Existing Company Industrial District Agreement forms. b. Consider a resolution repealing Resolution No.2075 and establishing a New Company Industrial District Policy together with New Company Industrial District Agreement forms. Mrs. Homer stated that Resolution No. 2388 establishes an Existing Company Industrial District Policy together with Existing Company Industrial District Agreement forms. She stated that the proposed policy is similar to the past policy along with the following revisions: increasing the IDA tax rate to 66% and remain at such rate over the seven year life of the agreement; excluding the public improvement rate which is already included in the contract rate; as of 2016, the most recently certified value as of the date of the Agreement plus any an agreed upon value of any planned improvements in excess of $50,000,000 over the term of the agreement; and distinguish between logistics and non - logistics companies. She stated that for companies performing logistics, warehousing and other similar functions the industrial district payment will be based, in part, on 1/2 of the value of situs inventory. Mrs. Homer stated that Resolution No. 2389 establishes a New Company Industrial District Policy together with New Company Industrial District Agreement forms. She stated that the policy is similar to the one in agenda item 10.a. with the distinction that the base value would be the planned improvements above $5 million that would be reviewed and the added value payment rate would start at year three (3) at .25 and in increments increase to .66 by the seventh year. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving Resolution No. 2388 and Resolution No. 2389. 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 December 10, 2015 Page 19 of 32 RESOLUTION NO. 2388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 2007 AND 2234 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWNON SEPTEMBER 24, 2009, AND MARCH 14, 2013, RESPECTIVELY; ESTABLISHING AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON DECEMBER 10, 2015; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 2075 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON JULY 18, 2010; ESTABLISHING INDUSTRIAL DISTRICT POLICIES APPLICABLE TO COMPANIES THAT DID NOT HAVE AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON DECEMBER 10, 2015; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. a. Discuss the review, findings and recommendations of the Animal Control Advisory Committee /Sub - Committee Report submitted to City Council on November 16, 2015. Director of Health, Mr. Mike Lester presented the agenda item to discuss the following recommendations from the committees: improving the hours of operation to be open to the public; promoting animals for redemption and new ownership; increasing the number of adoption events; participation in off -site adoption events; adding an adoption facility; creating a volunteer program; and enhancing sterilization and new owner efforts. He stated that the days of operations of the facility decreased from five (5) days a week to four (4) days due to a staffing shortage, but they are working on fulfilling a current vacancy which is expected to be filled within approximately 90 days, and once filled will return to the normal five (5) day work week. He stated that staff is currently being retrained on using the software more effectively and that there are two sites (Pet Finder and Adopt a Pet) that they're going to setup to use which will add additional information that goes out for adoption and redemption. He also stated that City Management has committed to allowing the closure of the animal control facility so that staff can participate in more adoption events. He further stated that during the strategic planning review in February, they will be discussing the detailed information to participate in the Texas A &M program outreach for students conducting spay /neuter trainings as recommended by Mayor DonCarlos, adding an adoption facility, increasing the facility hours of operations, creating a volunteer program which requires adding sufficient staff to manage it, and increasing the budget for enhancement of all areas of operations for the animal control services . Mr. Lester stated that City Council Regular Meeting Minutes December 10, 2015 Page 20 of 32 the committee recommended to modify the current ordinance to increase the spay /neuter voucher fee, in which he recommends that the voucher also include being used for rabies vaccinations and sterilization. He stated that they currently have four (4) SNAP events per year and pending funds will increase the events as recommended by the committee. He stated that staff is in the process of updating the rescue group registration application as the prior application omitted sufficient detailed information and that staff is also standardizing the new owners contract as recommended. In conclusion, he stated that Ms. Kathy Davis, the Director of Health from the City of San Antonio, will provide recommendations after her visit of the facility which will be discussed with Council. Mayor DonCarlos inquired if staff looked at fees for a physical facility structure. In response to Mayor DonCarlos's inquiry, Mr. Lester stated that the physical structure estimates at $300,000 with approximately $200,000 a year for disposables excluding the veterinarian charges. Mayor DonCarlos stated that he will meet with Ms. Davis on December 11, 2015, to receive her recommendations as it relates the Baytown's Animal Control facility. Council Member Hoskins stated that staff is working in the facility with the animals daily and recommended that staff present a more detailed plan to include cost on how to move forward with the recommendations. b. Discuss and give direction regarding proposed amendments to Chapter 102 "Vehicles for Hire," Article III "Tow Trucks" of the Code of Ordinances, Baytown, Texas, and its related Tow Agreement. Legal Advisor, Ms. Deanie King presented the agenda item and stated that staff along with the Tow Truck Committee members recommends moving the acquisition of towing services to a RFP or contract base process in an effort to provide better services for everyone involved. She stated that based on the estimated towing request of 3,500 within the 2015 year, there will be a need of approximately five (5) companies with at least two (2) of them being heavy duty towing. Council Member Hoskins inquired if the City could eliminate the companies that are causing the negative impact. Ms. King stated that the City is limited as to what it can do to remove a company from its towing list due to the regulations provided by State. She stated that the process currently in place is so lengthy and takes time to have a company removed that it allows for the company to continue to operate while going through the process. She further stated that a contract will eliminate that process because if the company does not follow the contract it is considered breached. Council Member Hoskins further stated that he is concerned that the Baytown towing companies that are following the rules may be excluding from the list because of the RFP. In response to Council Member Hoskins' concern, Ms. King stated that the RFP would be created with options that include the type of services and integrity reflective of the City. Council Member McCartney requested that the rates be reviewed. City Council Regular Meeting Minutes December 10, 2015 Page 21 of 32 C. Discuss and give direction regarding the proposed Unexplainable High Water Consumption Adjustment Policy. Acting Director of Finance, Mr. Carl Currie presented the agenda item and stated that at the October 22nd, meeting Council directed staff to bring before council the tier rates for discussion, and recommended that the rate structure be added onto the customers' bills. He stated that the tier rates will be brought before Council in February for discussion and the tier rate structure will be added to the customer's bill effective January. During further discussion, he stated that staff is proposing a policy designed to resolve disputes with customers where there is "unexplainable high water consumption ". He stated that the policy establishes a process by which a residential customer may request a one -time adjustment based upon unexplainable high water consumption meaning that the utility bill is either more than three times the average consumption (over a one year period) or more than $100.00 over the twelve- month average bill amount whereas both the customer and the City are unable to explain the high usage after a diligent investigation. He further stated that accounts with less than three (3) months of history will not be eligible for the adjustment. During further discussion, there were concerns from some of the council members regarding the adjustment being allowed one -time only. Council Member McCartney recommended that there be an adjustment to the sewer any time that there is a water leak outside on the ground that doesn't go into the system. For clarification, Ms. Rivon, Utility Billing Manager, stated that the leak adjustment is a one -time adjustment within a twelve month period. Council Member Capetillo stated that he wasn't comfortable with the software being used and inquired if there were any software updates or changes since August 2015, where there could have been an error in code, but by the time the audit was done the code was corrected. Mr. Ed Tomjack, Director of ITS, stated that updates are constantly being made to the software, but the consultants only took data from the City and replicated their own code to do the calculations to compare their results to the results of the City. In conclusion of the discussion, Mayor DonCarlos requested that staff continue to monitor this situation and requested that staff revisit the sewer charges related to leaks that go onto the ground but do not go into the system and bring back some modifications for discussion. 12. CONSENT Council Member Hoskins requested that consent agenda item 12.c. be pulled. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 12.a., 12.b., and 12A. through 12.u. The vote was as follows: City Council Regular Meeting Minutes December 10, 2015 Page 22 of 32 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 a. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the Raccoon Road Lift Station - 24 -inch Force Main Project to Trans -Tex Construction, LLC. ORDINANCE NO. 13,067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RACCOON ROAD LIFT STATION - 24 -INCH FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED TWENTY -FOUR THOUSAND ONE HUNDRED ELEVEN AND 60/100 DOLLARS ($124,111.60) TO TRANS -TEX CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance renewing the 2015 Annual Waterline Rehabilitation Project with SKE Construction, LLC, for an additional year and authorizing Change Order No. 1. ORDINANCE NO. 13,068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL WATERLINE REHABILITATION PROJECT WITH SKE CONSTRUCTION LLC., FOR 2016; AUTHORIZING CHANGE ORDER NO. 1 FOR SAID PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL AND CHANGE ORDER IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND SIX HUNDRED TEN AND NO /100 DOLLARS ($750,610.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. 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 two (2) stop signs and three (3) no parking signs on Loop Road near Clark Elementary School along SH -146. City Council Regular Meeting Minutes December 10, 2015 Page 23 of 32 ORDINANCE NO. 13,069 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 TWO (2) STOP SIGNS ON LOOP ROAD AT ITS INTERSECTION WITH THE WESTERN ENTRANCE TO DR. JOHNNY T. CLARK, JR. ELEMENTARY SCHOOL; AND SCHEDULE III "DESIGNATION — NO PARKING ZONES" TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF LOOP ROAD, WITHIN THE CITY IN HARRIS COUNTY; 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. e. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations" of the Code of Ordinances to authorize the installation of sin (6) stop signs in Country Club Estates. ORDINANCE NO. 13,070 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 TWO (2) STOP SIGNS ON BURNING TREE DRIVE AT ITS INTERSECTIONS WITH COUNTRY CLUB DRIVE, TWO (2) STOP SIGNS ON ST. ANDREWS DRIVE AT ITS INTERSECTIONS WITH COUNTRY CLUB DRIVE, ONE (1) STOP SIGN ON COUNTRY CLUB VIEW DRIVE AT ITS INTERSECTION WITH COUNTRY CLUB DRIVE, AND ONE (1) STOP SIGN ON QUAIL HOLLOW DRIVE AT ITS INTERSECTION WITH COUNTRY CLUB VIEW DRIVE; 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. City Council Regular Meeting Minutes December 10, 2015 Page 24 of 32 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 establish and extend a school zone and sign placement for Early Impact College High School on Market Street and Lee Drive. ORDINANCE NO. 13,071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," of the Code of Ordinances to authorize the installation of four (4) no parking signs, buses only, on E. Wright Ave., between 4th Street and 6th Street for Ashbel Elementary School. ORDINANCE NO. 13,072 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 III "DESIGNATION — NO PARKING ZONES" TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF E. WRIGHT AVE., WITHIN THE CITY IN HARRIS COUNTY; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the Third Contract Amendment to the Untreated Water Supply Contract between the Baytown Area Water Authority and the City of Houston to increase contract quantities and to add an additional point of delivery. ORDINANCE NO. 13,073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE THIRD CONTRACT AMENDMENT TO THE UNTREATED WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND THE CITY OF HOUSTON TO City Council Regular Meeting Minutes December 10, 2015 Page 25 of 32 INCREASE CONTRACT QUANTITIES AND TO ADD AN ADDITIONAL POINT OF DELIVERY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving a construction contract between the Baytown Area Water Authority and Triple B Services, LLP, for the 6 MGD Surface Water Treatment Plant - Clearing and Grubbing Project. ORDINANCE NO. 13,074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND TRIPLE B SERVICES, LLP, FOR THE 6 MGD SURFACE WATER TREATMENT PLANT - CLEARING AND GRUBBING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a proposed ordinance amending Chapter 70 "Parks and Recreation," Section 70 -6 "Firearms or Fireworks" of the Code of Ordinances, Baytown, to provide an exception for persons, who are licensed under Subchapter H, Chapter 411 of the Texas Government Code (handgun licensing law). ORDINANCE NO. 13,075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70 "PARKS AND RECREATION," SECTION 70 -6 "FIREARMS OR FIREWORKS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXCEPT FROM THE PROHIBITION OF FIREARMS IN CITY PARKS THE POSSESSION OF A HANDGUN BY A PERSON LICENSED UNDER THE STATE'S HANDGUN LICENSING LAW; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider an ordinance awarding the Annual Contract for Food and Supplies for the Pirates Bay Water Park to Ben E. Keith Company. ORDINANCE NO. 13,076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BEN E. KEITH COMPANY FOR THE ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES BAY WATERPARK AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($240,000.00); MAKING OTHER City Council Regular Meeting Minutes December 10, 2015 Page 26 of 32 PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance approving expenditure through the Texas Local Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics, Inc., to purchase equipment for the filter replacement project at Pirates Bay. ORDINANCE NO. 13,077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY -SIX THOUSAND FIVE HUNDRED SIXTY -SEVEN AND NO /100 DOLLARS ($196,567.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) TO PURCHASE EQUIPMENT FOR THE FILTER REPLACEMENT PROJECT AT PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the acceptance, close -out and final payment to DT Construction LP, for the construction of the Hartman Bridge Gateway Monument. ORDINANCE NO. 13,078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE HARTMAN BRIDGE GATEWAY MONUMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY - FOUR THOUSAND SIX HUNDRED THIRTY -EIGHT AND 55 /100 DOLLARS ($24,638.55) TO DT CONSTRUCTION, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the purchase of one (1) 2016 Dodge Ram 2500 crew cab from Chrysler Jeep Dodge City of McKinney, for the Police Department, through a contract with the State of Texas; along with the purchase and installation of emergency equipment for the new vehicle from Defender Supply LLC, through a cooperative purchasing agreement with Tarrant County. ORDINANCE NO. 13,079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -ONE THOUSAND FOUR HUNDRED AND NO /100 DOLARS ($51,400.00) TO CHRYSLER JEEP DODGE CITY OF MCKINNEY, FOR THE PURCHASE OF ONE (1) 2016 DODGE RAM 2500 CREW CAB FOR THE POLICE DEPARTMENT, THROUGH THE STATE COMPTROLLER OF PUBLIC ACCOUNT'S TXSMARTBUY SYSTEM; AUTHORIZING THE PAYMENT OF TWELVE City Council Regular Meeting Minutes December 10, 2015 Page 27 of 32 THOUSAND ONE HUNDRED FIFTY AND NO /100 DOLLARS ($12,150.00) TO DEFENDER SUPPLY, LLC, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FOR THE NEW VEHICLE;MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the purchase of six (6) 2016 Chevrolet Tahoes from Holiday Chevrolet, for the Police Department, through a cooperative purchasing agreement with Tarrant County along with the purchase and installation of emergency equipment for the new vehicles from Defender Supply LLC, also through Tarrant County. ORDINANCE NO. 13,080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THOUSAND EIGHT HUNDRED SIXTY -TWO AND NO /100 DOLLARS ($200,862.00) TO HOLIDAY CHEVROLET FOR THE PURCHASE OF SIX (6) 2016 CHEVROLET TAHOES FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; AUTHORIZING THE PAYMENT OF NINETY -EIGHT THOUSAND AND NO /100 DOLLARS ($98,000.00) TO DEFENDER SUPPLY, LLC, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FOR THE NEW VEHICLES;MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance awarding the Annual Portland Cement Contract to Ash Grove Cement Company. ORDINANCE NO. 13,081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE ANNUAL PORTLAND CEMENT CONTRACT TO ASH GROVE CEMENT COMPANY THOUGH THE CITY'S COOPERATIVE AGREEMENT WITH TARRANT COUNTY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, OF THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing a cooperative purchasing agreement with the City of La Marque. City Council Regular Meeting Minutes December 10, 2015 Page 28 of 32 ORDINANCE NO. 13,082 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 COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF LA MARQUE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the purchase of equipment and installation services from Audio Visual Technologies Group (AVTG). ORDINANCE NO. 13,083 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -THREE THOUSAND FIVE HUNDRED THIRTY -SIX AND 09/100 DOLLARS ($73,536.09) TO AUDIO VISUAL TECHNOLOGIES GROUP FOR THE PURCHASE OF A VIDEO SYSTEM THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance authorizing the City Manager to negotiate and enter into an agreement with National Union Fire Company, as the carrier /administrator for the City of Baytown's stop loss coverage. ORDINANCE NO. 13,084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH NATIONAL UNION FIRE COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED NINE HUNDRED TWO THOUSAND AND NO /100 DOLLARS ($902,000.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider a proposed ordinance amending Chapter 98 "Utilities," Article VI "Stormwater," Division 1 "Generally," Section 98 -473 "Municipal drainage utility system charges" of the Code of Ordinances, Baytown, Texas, to update the municipal drainage utility system charges for nonresidential properties. City Council Regular Meeting Minutes December 10, 2015 Page 29 of 32 ORDINANCE NO. 13,085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI "STORMWATER," DIVISION 1 "GENERALLY," SECTION 98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES," SUBSECTION (A) "FEE," SUBSECTION (2) "NONRESIDENTIAL PROPERTY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE MUNICIPAL DRAINAGE UTILITY SYSTEM FEES FOR NONCOMMERCIAL PROPERTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 13,086 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2016 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY -SEVEN THOUSAND NINE HUNDRED EIGHTY - THREE AND NO /100 DOLLARS ($177,983.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12.c. Consider an ordinance granting a pipeline permit to Enterprise Products Operating, LLC. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving consent agenda item 12.c. (Ordinance No. 13,087). 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 City Council Regular Meeting Minutes December 10, 2015 Page 30 of 32 ORDINANCE NO. 13,087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO ENTERPRISE PRODUCTS OPERATING, LLC, TO INSTALL A NEW TWELVE -INCH (12 ") PIPELINE IN AN EXISTING PIPELINE COORIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. APPOINTMENTS a. Conduct the election of the Baytown City Council Mayor Pro Tem. The newly elected Mayor Pro Tem Council Member Terry Sain shall serve for six months, beginning January 01, 2016, and ending on June 30, 2016. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving the election of Council Member Sain to serve as the Mayor Pro Tem beginning January 01, 2016 and ending on June 30, 2016. 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 b. Consider five (5) appointments to the Planning and Zoning Commission. Mrs. Brysch presented the agenda item to consider the five (5) appointments of R. D. Burnside, Brandon Benoit, Shawn McDonald, Gilbert Chambers, and James Cox to the Planning and Zoning Commission. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving the appointments of R. D. Burnside, Brandon Benoit, Shawn McDonald, Gilbert Chambers, and James Cox. 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 City Council Regular Meeting Minutes December 10, 2015 Page 31 of 32 Nays: None Approved C. Consider one (1) City Manager's appointment to the Civil Service Commission. Mrs. Brysch presented the agenda item to consider the City Manager's appointment of Mr. Dennis G. Araujo to the Civil Service Commission. A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving the appointment of Mr. Dennis G. Araujo to the Civil Service Commission. 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 14. MANAGER'S REPORT a. Present an update regarding the San Jacinto Mall. Mayor DonCarlos presented the update regarding the San Jacinto Mall and stated that the demolition of the Montgomery Wards wing of the mall will occur in January. b. Announce the annual waiver of the Animal Adoption Spay / Neuter Voucher Fee for the month of December. Mr. Lester stated that the Baytown Animal Control Facility has for several years waived' the $40.00 Spay / Neuter Voucher Fee during the month of December to promote animal adoptions at the Shelter. C. City of Baytown offices will be closed on Thursday, December 24th and Friday, December 25th, 2015, in observance of Christmas; and on Thursday, December 31, at 2:00 P.M., and all day Friday, January 01, 2016, in observance of New Year's Day. City Manager Davis presented the agenda item and stated that the City of Baytown offices will be closed on Thursday, December 24th and Friday, December 25th, 2015, in observance of Christmas; and on Thursday, December 31, at 2:00 P.M., and all day Friday, January 1st, 2016, in observance of New Year's Day. City Council Regular Meeting Minutes December 10, 2015 Page 32 of 32 15. a. Recess into and conduct an executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the purchase of real property for municipal purposes, to deliberate the offer of a financial or other incentive to a business prospect, and to seek the advice of the City Attorney on legal matters related thereto. At 9:13 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the purchase of real property for municipal purposes, to deliberate the offer of a financial or other incentive to a business prospect, and to seek the advice of the City Attorney on legal matters related thereto. At 9:47 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. C. Consider an ordinance authorizing an earnest money contract for the purchase of real property for municipal purposes. There was no action taken on this item. 16. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley adjourning the December 10, 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 III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the December 10, 2015, City Council Regular Meeting at 9:47 P.M. S * C /4' d�.•'OA A/L 9 M 1 m Leticia Brysch, City Cler 0 ? o City of Baytown �►� zF