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2014 02 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 13, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 13, 2014, 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the February 13, 2014, 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 Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on January 09, 2014. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the January 09, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes February 13, 2014 Page 2 of 16 Approved 2. PROPOSED ULDC TEXT AMENDMENTS FOR NEW AND EXPANDED DRILLING, OIL OR GAS OPERATIONS a. Consider an ordinance amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth. City Manager Leiper presented the agenda item and stated that the Future Land Use Plan is intended to guide development and influence policy in order to achieve the goals of the community as expressed in the Comprehensive Plan, as well as, provide the City with a rational basis for future zoning decisions. He stated that this proposed amendment adds policy language supporting drilling, oil or gas operations to be included in all areas appropriately zoned, including by an overlay, for economic development and neighborhood protection. City Manager Leiper stated that on January 02, 2014, the Planning and Zoning Commission voted to recommend the amendments to City Council and City Council conducted a public hearing regarding the amendments on January 23, 2014. Additionally, he stated that this is necessary in order to consider the amendments to the ULDC and Chapter 62. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,472. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tent David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,472 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 NARRATIVES CONCERNING NATURAL RESOURCE MANAGEMENT (OIL AND GAS), NEIGHBORHOOD PROTECTION AND ECONOMIC GROWTH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 13, 2014 Page 3 of 16 b. Consider an ordinance amending the text of the Unified Land Development Code to allow new or expanded drilling, oil or gas operations in the city. City Manager Leiper presented the agenda item and stated that City Council held a discussion on January 9th and conducted a public hearing on January 23rd regarding the proposed amendments. He stated that Staff has met with mineral rights representatives and an interested land owner to ensure the proposed amendments and all conditions are appropriate. He stated that as such, revisions were made to the ordinance. He stated that the draft amendments to the ULDC include the following regulations: • The creation of a drilling overlay district for drilling, oil or gas operations within the Goose Creek Oil Field; • Applicants within the drilling overlay district can drill without a special use permit, but a Chapter 62 permit is still required; • Drilling, oil or gas operations proposed outside of the drilling overlay district would require the property to be zoned Heavy Industrial, as allowed in the ULDC today; and • Applicants within the Heavy Industrial zoning district would need to obtain a special use permit specifically for drilling, oil or gas operations. Additionally, City Manager Leiper stated that on January 02, 2014, the Planning and Zoning Commission voted unanimously to recommend text amendments to City Council. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the amendments of Ordinance No, 12,473. All members agreed by raising their right hand. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 1 "JURISDICTION AND AUTHORITY," SECTION 1.3 "APPLICABILITY OF PROCEDURES'; DIVISION 2 "REVIEW AND DECISION - MAKING BODIES," SECTION 1.8 "SUMMARY OF REVIEW AUTHORITY "; DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.12 "SIMULTANEOUS SUBMISSION OF RELATED APPLICATIONS," SECTION 1.17 "APPLICATION COMPLETENESS, " SECTION 1.18 "QUALIFIED APPLICANTS," SECTION City Council Regular Meeting Minutes February 13, 2014 Page 4 of 16 1.21 "PUBLIC HEARING AND NOTICE REQUIREMENTS," SUBSECTIONS (A) "PUBLICATION FOR ZONING CASES," AND (B) "MAILING, "SECTION 1.22 "CONTENTS OF NOTICE," SUBSECTION (B) "SIGNS" AND TABLE 1 -3 "SUMMARY OF NOTICE REQUIREMENTS," SECTION 1.23 "REQUIRED PUBLIC HEARING" AND TABLE 1 -4 "REQUIRED PUBLIC HEARINGS," AND SECTION 1.26 "REZONING, SPECIAL USE PERMITS, DRILLING OVERLAY DISTRICT, AND ZONING TEXT AMENDMENTS, "SUBSECTION (A) "APPLICABILITY "; ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.09 "LAND USE TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES," AND SECTION 2.10 "LAND USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS," SUBSECTION A "NONRESIDENTIAL CATEGORIES," SUBSECTIONS 23 "INDUSTRIAL USES," 29 "DRILLING, OIL OR GAS OPERATIONS," 29.5 "DRILLING, OIL OR GAS OPERATIONS," AND 34 "RESOURCE EXTRACTION"; AND ARTICLE IV "DEFINITIONS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD DEFINITIONS OF "DRILLING, OIL OR GAS OPERATIONS," "DRILLING SITE," "ENVIRONMENTAL ANALYSIS," ENVIRONMENTALLY SENSITIVE AREA," AND "GOOSE CREEK OIL FIELD" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION 1.26.5 "SPECIAL USE PERMIT FOR DRILLING OIL OR GAS OPERATIONS IN HI DISTRICT" AND SECTION 1.27.5 "EXCLUSION CERTIFICATES FOR DRILLING, OIL OR GAS OPERATIONS'; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II, "USE DISTRICTS, "DIVISION 2 "ZONING DISTRICTS," SECTION 2.06 "SPECIAL PURPOSE DISTRICTS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (C) "DRILLING OVERLAY DISTRICT ( "DOD ") "; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2.085 "DRILLING OVERLAY DISTRICT'; AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND 2 COMPATIBILITY STANDARDS," DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS" SECTION 3.08 "STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (F) "DRILLING, OIL OR GAS OPERATIONS" TO PROVIDE FOR DRILLING, OIL OR GAS OPERATIONS IN A DRILLING OVERLAY DISTRICT OR A HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL USE PERMIT AND TO PROVIDE STANDARDS FOR REVIEW AND APPROVAL OF SUCH City Council Regular Meeting Minutes February 13, 2014 Page 5 of 16 DRILLING, OIL OR GAS OPERATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance regarding the proposed amendments to Chapter 62 "Natural Resources" of the Code of Ordinances concerning new or expanded drilling, oil or gas operations in the city. City Manager Leiper presented the agenda item and stated that Chapter 62 is being amended to accommodate the revisions in the Unified Land Development Code concerning new or expanded drilling, oil or gas operations and also to update any zoning regulations that were out of date. He stated that the draft amendments to Chapter 62 "Natural Resources" include the following: • Addition and revision of certain definitions; • Increased insurance requirements for drilling operations; • Increased distance requirements for drilling locations; • Addition of the requirement for a Hazardous Materials Management Plan and Emergency Response Plan, a Risk Management Plan, and an Infrastructure Maintenance Agreement; • Addition and revision of technical requirements; and • Addition of a process to address well abandonment. Additionally, City Manager Leiper stated that on January 02, 2014, the Planning and Zoning Commission voted unanimously to recommend text amendments to City Council. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,474. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 62 "NATURAL RESOURCES," ARTICLE II "OIL AND GAS," DIVISION 1 "GENERALLY," SECTION 62 -26 "DEFINITIONS "; DIVISION 2 "DRILLING PERMIT," SECTION 62 -56 "REQUIRED"; SECTION 62 -57 "WELL WORKOVER "; SECTION 62 -58 "SUPPLEMENT PERMIT REQUIRED FOR DEEPER DRILLING"; SECTION City Council Regular Meeting Minutes February 13, 2014 Page 6 of 16 62 -59 "APPLICATION'; SECTION 62 -60 "FEE'; SECTION 62 -61 "NOTICE'; SECTION 62 -62 "LOCATION RESTRICTIONS'; SECTION 62 -63 "PERMISSION OF SURFACE OWNER REQUIRED"; SECTION 62 -64 "INSURANCE REQUIRED," SUBSECTION (A); SECTION 62 -65 "ISSUANCE "; SECTION 62 -67 "COPIES; AUTHORITY TO DRILL "; DIVISION 3 "WELL SPACING," SECTION 62 -105 "DRILLING BY OTHER THAN LEASEHOLDER," SUBSECTION (C); SECTION 62 -106 "SIMULTANEOUS APPLICATIONS "; SECTION 62 -107 "INTERESTS OF PERSONS OTHER THAN PERMITTEE," SUBSECTION (13)(1); SECTION 62- 108 "MULTIPLE WELLS FROM ONE SURFACE LOCATION'; AND DIVISION 4 "TECHNICAL PROVISIONS;' SECTION 62 -137 "TECHNICAL REQUIREMENTS," SUBSECTIONS (1), (8), (10), (11), (12), (13), (14), (18), (20), (24), (25), AND (26) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 62 "NATURAL RESOURCES," ARTICLE II "OIL AND GAS," DIVISION 2 "DRILLING PERMIT," SECTION 62 -64 "INSURANCE REQUIRED" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION NUMBERED SUBSECTION (F); TO PROVIDE UPDATED STANDARDS FOR DRILLING, OIL OR GAS OPERATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 3. PROPOSED ORDINANCES a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander Road, proceeding northeast just south of Wallisville Road, through the pipeline corridor, and terminating at the Cedar Bayou, Harris County, Texas. City Manager Leiper presented the agenda item and stated that on November 18, 2013; the City Council approved a resolution granting the petition of Chevron Phillips Chemical Company, LP, and directed staff to create a service plan for the proposed area to be annexed. He stated that notices for the first and second public hearing were published in the November 26, 2013, issue of the Baytown Sun and posted on the city's website and notice board on the same day. Additionally, he stated that the 1st and 2nd public hearings were held by City Council on December 12, 2013, and the first reading was held on January 09, 2014, and published in the Baytown Sun on January 14, 2014. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,445. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,445 City Council Regular Meeting Minutes February 13, 2014 Page 7 of 16 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 A 10 -FOOT WIDE STRIP OF LAND NORTH OF INTERSTATE 10, ALONG THE EAST SIDE OF SJOLANDER HEADING NORTHEAST JUST SOUTH OF WALLISVILLE ROAD THROUGH THE PIPELINE CORRIDOR AND TERMINATING AT CEDAR BAYOU, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing an approximately 10 -foot wide strip of land north of I -10, along the east side of Sjolander Road, proceeding northeast just south of Wallisville Road, through the pipeline corridor, and terminating at Cedar Bayou, Harris County, Texas, into Council District No. 5. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern David McCartney approving Ordinance No. 12,475. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 10 -FOOT WIDE STRIP OF LAND NORTH OF INTERSTATE 10, ALONG THE EAST SIDE OF SJOLANDER HEADING NORTHEAST JUST SOUTH OF WALLISVILLE ROAD THROUGH THE PIPELINE CORRIDOR AND TERMINATING AT CEDAR BAYOU, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 13, 2014 Page 8 of 16 C. Consider an ordinance for the first reading of the proposed voluntary annexation of approximately 125.69 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, northwest corner of the intersection of Garth and Wallisville Roads. City Manager Leiper presented the agenda item and stated that Sowell Wallisville Partners, L.P. has indicated the intended use of the property as commercial development fronting Garth and Wallisville Roads, and an approximately 490 single family residential lot subdivision behind the commercial property. He stated that annexation is being requested in order to extend city utilities to the site. City Manager Leiper stated that on November 18, 2013, the City Council approved a resolution granting the annexation petition and directing staff to create a service plan for the proposed area to be annexed. He stated that the total area of MUD 213B was not included in the original application and needed to be revised so this item was resubmitted including the remaining area which added an additional 13+ acres. He stated that the 1st and 2nd public hearings were held by City Council on January 09, 2014, and the second reading of the ordinance is scheduled for March 13, 2014. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,476. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,476 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 125.69 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING SURVEY, ABSTRACT 620, HARRIS COUNTY, TEXAS, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF GARTH ROAD AND WALLISVILLE ROAD, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 4. PROPOSED RESOLUTIONS City Council Regular Meeting Minutes February 13, 2014 Page 9 of 16 a. Consider a resolution authorizing the City to submit a continuation grant application for the Police Department in response to the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston - Galveston Area Council (H -GAC). City Manager Leiper presented the agenda item and stated that CJD has funded one full -time Victim Services Program Coordinator for the past 14 years and one full -time Case Worker since 2011. He stated that the Coordinator is responsible for the administration of the program and supervising current and future expansions of victim service programs. He stated that the Case Worker serves victims of domestic violence, sexual assault, and other violent crimes who seek services. He stated that both provide direct services, which may include crisis intervention/counseling, hospital accompaniment, advocacy, and assistance with orders of emergency protection. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Resolution No. 2289. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM ASSISTANCE — DIRECT SERVICES PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H -GAC) FOR FY 2015 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED THIRTY -TWO THOUSAND EIGHT HUNDRED SIXTY -EIGHT AND 75/100 DOLLARS ($32,868.75); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending December 31, 2013. City Council Regular Meeting Minutes February 13, 2014 Page 10 of 16 Finance Director, Louise Richman presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending December 31, 2013. She stated that the sales tax was on target at 24% of budget. Ms. Richman stated that the property tax was at 32.6% and the valuations were up 10% over the previous budget year. She stated that the IDA revenues are projected to come in over budget due primarily to the new IDA's and the building permits were strong at 40% of budget. Ms. Richman stated that the HOT revenues were at 31 % of an increased budget of $900,000. She stated that the water and sewer revenues were on target at 24 %. She stated that in spite of the low interest rate, the investment revenues were over budget. Ms. Richman provided a new report showing where the sales tax revenues come from and their percentage breakdown. Ms. Richman stated that the expenditures were on target with the general fund at 22 %. She stated that the investments were right at $146 million and the first quarter yield is .1472 %. b. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2013. Mr. Robert Belt, a representative from Belt Harris Pechacek, LLLP, the public accounting firm that conducted the city's independent audits. He presented the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2013, and stated that the city received an unmodified report which is the highest assurance that they can provide as the independent auditor. He stated that the financial statements were materially correct and that all disclosures required by general accepted accounting principles were included. Mr. Belt stated that the revenues from the general fund came in at $62,396,000 and the total expenditures for the year came in at $60,615,000. He stated that there was a debt change in fund balance of $3,479,000 and the city reduced the fund balance by $4,689,000 resulting in a positive budget variance of $8,169,000. City Manager Leiper stated that a recommendation from the auditor was to formalize the fund balance policy through council's action and it will be on the next agenda. 6. CONSENT City Manager Leiper stated that consent agenda item 6.b. was removed from the agenda. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving consent agenda items 6.a., 6.c. through 6.k. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes February 13, 2014 Page 11 of 16 Nays: None Approved a. Consider an ordinance authorizing the First Amendment to the Cost Share Agreement with Wal -Mart Real Estate Business Trust for the new waterline from the Needlepoint Water Tower to State Highway 146. ORDINANCE NO. 12,477 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 AND ESCROW AGREEMENT WITH WAL -MART REAL ESTATE BUSINESS TRUST FOR THE CONSTRUCTION OF A NEW WATERLINE FROM THE NEEDLEPOINT WATER TOWER TO STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the City Manager to negotiate and execute a Professional Services Agreement for the design of the widening and realignment of John Martin Road at I -10. ORDINANCE NO. 12,478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE WIDENING AND REALIGNMENT OF JOHN MARTIN ROAD AT 1 -10; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO 1100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. ORDINANCE NO. 12,479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOUR THOUSAND THREE HUNDRED TWENTY -FIVE AND 60/100 DOLLARS ($104,325.60); MAKING OTHER PROVISIONS City Council Regular Meeting Minutes February 13, 2014 Page 12 of 16 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Mowing, Edging and Trimming Services Contract with Grant Smith Mowing, Inc. ORDINANCE NO. 12,480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT WITH GRANT SMITH MOWING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FOUR THOUSAND FIVE HUNDRED EIGHTY -ONE AND 50 /100 DOLLARS ($204,581.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of the Annual Electrical Services Contract with Baytown Electric Company. ORDINANCE NO. 12,481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Electrical Motor Control Center Services Contract with Baytown Electric Company. ORDINANCE NO. 12,482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, 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. h. Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract with Superior Grouting Services, Inc. City Council Regular Meeting Minutes February 13, 2014 Page 13 of 16 ORDINANCE NO. 12,483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the contract for the point of sale software system for the Pirates Bay Water Park, Calypso Cove and the Parks and Recreation Department to Vermont Systems, Inc. ORDINANCE NO. 12,484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF VERMONT SYSTEMS, INC., FOR THE POINT OF SALE SOFTWARE SYSTEM FOR THE PIRATES BAY WATERPARK, CALYPSO COVE AND THE PARKS AND RECREATION DEPARTMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THIRTY -SEVEN THOUSAND SEVEN HUNDRED NINETY -FOUR AND NO 1100 DOLLARS ($137,794.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Industrial District Agreement with Baytown Energy Center, LLC. ORDINANCE NO. 12,485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYTOWN ENERGY CENTER, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider a resolution approving the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. RESOLUTION NO. 2290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC City Council Regular Meeting Minutes February 13, 2014 Page 14 of 16 FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. a. Consider one (1) appointment to the Baytown Beautification Advisory Commission. City Manager Leiper presented the agenda item to Consider one (1) appointment to the Baytown Beautification Advisory Commission. He stated that Ms. Judy Wheat resigned on August 13, 2013, and Ms. Kathy L. Nelson, if appointed, would complete Ms. Wheat's unexpired term, which is set to expire on September 30, 2014. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the appointment of Ms. Katy L. Nelson to the Baytown Beautification Advisory Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved b. Consider the Mayor's one (1) appointment to the Baytown Housing Authority Board. City Manager Leiper presented the agenda item to consider the Mayor's one (1) appointment to the Baytown Housing Authority Board. He stated that Ms. Camille Gomes is no longer eligible to serve as of September 01, 2013. He stated that Ms. Tiyanna Desha Clark, if appointed would complete Ms. Gomes' unexpired term, which is set to expire on March 31, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving the appointment of Ms. Tiyanna Desha Clark to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tent David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 13, 2014 Page 15 of 16 C. Consider three (3) appointments to the Tow Truck Committee. City Manager Leiper presented the agenda item to consider three (3) appointments to the Tow Truck Committee. He stated that Ms. Eileen Hall, Ms. Martha Barnett, and Ms. Kameron Price (Ex- Officio) terms are set to expire on March 31, 2014, and all members desire to serve another term. He stated that if reappointed their terms would end on March 31, 2015. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Hoskins approving the appointments of Ms. Eileen Hall, Ms. Martha Barnett, and Ms. Kameron Price (Ex- Officio) to the Tow Truck Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 8. MANAGER'S REPORT a. The City Manager will provide Council with a summary of city updates and upcoming community events: • Update on the BAWA waterline repair, • The 4th Annual Jail Break Run, Saturday, February 15, 2014, • Baytown Blue Santa's 3rd Annual Strawberry Sale, February 14, 2014, Parking Lot of the Baytown Police Department, • Baytown 25th Annual Gator Ride, March 01, 2014 City Manager Leiper presented the agenda item and stated that the BAWA waterline repair costs $119,914.59 for the repair itself, $44,870.00 for repairs to a 36" valve at the corner of Thompson Road and Interstate 10, $20,000 on building a main way to the mechanism of the valve. He stated that the costs for the main way will not be refunded, but most of the costs for the repairs to the valve is expected to be refunded. City Manager Leiper stated that the 4th Annual Jail Break Run, is Saturday, February 15, 2014; the Baytown Blue Santa's 3rd Annual Strawberry Sale, is February 14, 2014; and the Baytown 25th Annual Gator Ride, is March 01, 2014. Additionally, he stated that the Daddy and Me Valentine's dance was a success. 9. ADJOURN A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Terry Sain adjourning the February 13, 2014, City Council Regular Meeting. The vote was as follows: City Council Regular Meeting Minutes February 13, 2014 Page 16 of 16 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem 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 February 13, 2014, City Council Regular Meeting at 7:06 P.M. Leticia Brysch, City City of Baytown A. t� ,