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2013 06 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 13, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 13, 2013, at 6:30 P.M. in the Tucker Hall, 200 Lee Drive, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Jason Cozza Mike Holden Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney Deputy City Clerk Sergeant at Arms Mayor DonCarlos convened the June 13, 2013, 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 Renteria. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on May 23, 2013. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Brandon Capetillo approving the May 23, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None City Council Regular Meeting Minutes June 13, 2013 Page 2 of 15 Other: Council Member Mercedes Renteria III (Abstain) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Sandra Howell requested to address Council regarding the garage sale permit and fee. Mayor DonCarlos stated that item 2.a. was withdrawn. b. Present recognition to the 2013 scholarship recipients of the Baytown Professional Firefighter's Benevolence Fund Inc. Mark Medrano, President of the Baytown Professional Firefighter's Benevolence Fund Inc. Scholarship Committee, presented recognition to Autumn Casto of Sterling High, Brittany Cortez of Memorial High, and Jessica Razo of Lee High for being awarded a $1,000 Scholarship from the Committee. C. Recognize individuals and city staff that participated in a lifesaving event at Pirates Bay Water Park. Mike Flinn presented the agenda item and recognized Joshua Barajas, Ricardo Flores, EMS personnel, Communications personnel, and Ms. Lisa Savage for participating in a lifesaving event at Pirates Bay Water Park. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing Amendment No. 1 to the Industrial District Agreement with Exxon Mobil Corporation to provide advance funding for new police officers. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,263 authorizes Amendment No. 1 to the Industrial District Agreement with Exxon Mobil Corporation to provide advance funding for new police officers. He stated that the City and ExxonMobil entered into an IDA for tax years 2009 through 2015 and ExxonMobil has indicated that it has plans for a possible petrochemical expansion project in the City's industrial district. He stated that the City expressed concerns that over the next three- to four -year period, the intense construction activity regarding the anticipated expansion would place a burden on City's emergency services, particularly the Police Department. City Manager Leiper stated that the parties agreed to enter into an amendment which assists the City in funding six additional full -time officers for the upcoming budget and six additional officers for the following budget. He stated that under the Amendment, the parties agree that in addition to its IDA payment, ExxonMobil would make the following payments to the City: $300,000 in December 2013 and $500,000 in December 2014, and in December 2015. He stated that the City would repay ExxonMobil 80% of what they paid the City by method of credit towards the IDA bill. City Council Regular Meeting Minutes June 13, 2013 Page 3 of 15 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney Ordinance No. 12,263.The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,263 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 INDUSTRIAL DISTRICT AGREEMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Amendment No. 6 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,264 authorizes Amendment No. 6 to the Interlocal Agreement which extends the term of the agreement through July 08, 2014, with Harris County for Circulator Bus Service in the City of Baytown. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 12,264. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 6 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS City Council Regular Meeting Minutes June 13, 2013 Page 4 of 15 COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TEN THOUSAND FOUR HUNDRED THIRTYSIX AND NO /100 DOLLARS ($210,436.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider authorizing the First Amendment to the Economic Development Agreement under Chapter 380 of the Texas Local Gov't Code with Chambers Town Center, Ltd, to incorporate a sign plan, to update certain dates and to provide an additional economic incentive for an additional retail project at the south east corner of 146 N and 1 -10. City Manager Leiper presented the agenda item and stated that on August 09, 2012, City Council approved an Economic Development Agreement under Chapter 380 for a large commercial development at I -10 and Highway 146 in Chambers County, anchored by a new Wal -Mart Super Center. He stated that Ordinance No. 12,265 authorizes the First Amendment to the Economic Development Agreement under Chapter 380 of the Texas Local Gov't Code with Chambers Town Center, Ltd, to incorporate a sign plan, to update certain dates, to provide for the City's reimbursement for certain utility improvements and to provide an additional economic incentive for an additional retail project at the northeast corner of Highway 146 North and I -10. City Manager Leiper stated that the amendment includes the following: • The sign agreement will provide an overall sign installation plan that will allow certain individual sign structures to exceed our area limitations. All sign structures will meet our height requirements. The net effect of a sign master plan for the development, when compared to signs allowed under our ordinances, results in 38% fewer signs, a reduction of 2,100 square feet of total sign area and 523 feet of reduced sign heights. • Since the project did not start as quickly as projected the effective and benchmark dates are adjusted. • The Developer has asked the City to be available to make upgrades to our Hunters Creek Lift Station to accommodate the development. The City may expend up to $150,000 for these improvements and will be reimbursed from the developer's portion of the sales tax sharing agreement. • We have an additional development to secure an eight- screen or larger theater. To facilitate this additional development the City agrees to increase the total, eligible sales tax reimbursement from $2,575,000 to $3,575,000 over the term of the agreement, less the cost of the utility improvements above. The City's portion of the sales tax revenue will increase from the first $300,000 to the first $325,000 collected each year with the balance rebated to the developer until cap is reached or the agreement expires in ten years. The expiration of the agreement was previously in seven years. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,265. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes June 13, 2013 Page 5 of 15 Member Mercedes Renteria Ill, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,265 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CHAMBERS TOWN CENTER, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/ 100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Present report recapping the 83rd Texas Legislative Session. Assistant to the City Manager Nick Woolery presented a recap of the 83rd Texas Legislative Session and stated that the session ended on May 27th immediately followed by a Special Session to discuss some issues. He stated that June 16`h was the deadline for the Governor to sign or veto any bill. Mr. Woolery stated that the City's goal is to track and get rid of bills being presented that may have a negative impact on the city. He stated that the three bills (3) that passed were Senate Bill 656, House Bill 5, House Bill 1642 and the following bills that didn't pass were HB 889, HB 335, Revenue and Appraisal Caps, HB 1148, HB 351, and SB 14. Mr. Woolery stated in regards to the state budget, that $98.2 billion was appropriated with $98.7 billion in fiscal year 2014 and $98.7 billion in 2015 being a 3.7% increase over the current biennium. Additionally, he stated that some of the grant funding was restored and there was a decrease of $5.6 million to local library aide but there was an increase of $9.6 million to library resource sharing. b. Present a report regarding 2013 Recycling Data and Information Regarding Apartment and Business Recycling. City Manager Leiper presented the agenda item and stated that the City currently doesn't manage commercial waste in Baytown. He stated that Mr. Woolery would present statistical data regarding commercial recycling and an outline of a proposed business and apartment program. He stated that the program is not a city program, but a city encouraged and facilitated program. City Manager Leiper stated apartments and businesses will use information provided by the City and work directly with Waste Management to sign -up for desired services. Additionally, he City Council Regular Meeting Minutes June 13, 2013 Page 6 of 15 stated that the apartments and businesses will still able to seek better rates and choose the company of their choice to provide recycling services. Mr. Woolery presented a report following a six -month pilot project between the City and Waste Management. He stated that residents city -wide began using 96- gallon recycling carts in October of 2012, and overall, the City's solid waste diversion rate (the percentage of waste we recycle instead of send to the landfill) increased 57.6% since distributing the 96- gallon carts. Mr. Woolery stated that another way to further increase diversion rates in Baytown is to implement a program with apartments and businesses to provide them additional recycling options. During further discussion, there was inquiry regarding the city having better garbage rates. City Manager Leiper stated that staff would continue to monitor the rates and that currently the market for the recycled materials, which is monitored from the green center, is so low that the city loses money on it. C. Present report regarding the Baytown Police Department's efforts to combat criminal activity in our community. Assistant Chief Holden presented the report and stated that since the year 2000 the City has annexed approximately 51,011 acres of land which is 7.97 square miles and is a 24.15% increase in land area. He stated that of the 51,011 acres all but 464 of it were annexed since 2005. Assistant Chief Holden stated that since 1990, stats that are required to be reported to the FBI such as robberies, aggravated assaults, burglaries, and thefts have been recorded. He stated that over that twenty -three year period there has been an overall average increase in robberies, aggravated assault, and burglaries, but a decrease in thefts and auto thefts. Assistant Chief Holden stated that staff is constantly working to improve on the reduction of crime by increasing traffic enforcement, increasing citizens involvement, and increasing communication with the apartment complex managers. He stated that to reduce crime, the department is using a public involvement approach by utilizing Channel 16, the Baytown Sun, the community service bureau, Facebook, utility bills, crime stoppers, neighborhood crime watch, apartment crime watch, business crime watch, the citizen's police academy, and the CCPD support. During further discussion, there was an inquiry of there being any improvement in the DA's office regarding the amount of time in which criminals were staying incarcerated for the crime committed. Assistant Chief Holden stated that he has seen a change in which the type of crime in which the DA's office is willing to accept charges on. 5. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 5.a. through 5.p. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes June 13, 2013 Page 7 of 15 Member Mercedes Renteria III, Mayor Pro Tern Terry Sam, Council Member Scott Sheley Nays: None Approved a. Consider an ordinance repealing Chapter 2 " "Administration," Article IV "Boards and Commissions," Division 8 "Housing Finance Corporation" of the Code of Ordinances, Baytown, Texas, based upon the dissolution of the Baytown Housing Finance Corporation. ORDINANCE NO. 12,266 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 8 "HOUSING FINANCE CORPORATION" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants and Open Air Vendors," Division 2 "License," Section 74 -61 "Required" and Section 74 -69 "Duration" of the Code of Ordinances, Baytown, Texas, concerning the length of time an open air vendor may operate from a specific location before having to relocate within a permanent structure and the number of times a property owner may allow open air vendors to operate from his property during a 12 -month period. ORDINANCE NO. 12,267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 74 "PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 2 "LICENSE," SECTION 74 -61 "REQUIRED" AND SECTION 74- 69 "DURATION," SUBSECTION (B) "OPEN AIR VENDOR LICENSE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THE LENGTH OF TIME AN OPEN AIR VENDOR MAY OPERATE FROM A LOCATION BEFORE LOCATING WITHIN A PERMANENT STRUCTURE AND TO LIMIT THE NUMBER OF TIMES A PROPERTY OWNER MAY ALLOW OPEN AIR VENDORS TO OPERATE FROM HIS PROPERTY DURING A 12 -MONTH PERIOD; 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. City Council Regular Meeting Minutes June 13, 2013 Page 8 of 15 C. Consider an ordinance authorizing the First Amendment to the Engineering Services Agreement with ARKK Engineers, LLC., for the 2007 Street Bond Program - Year 5. ORDINANCE NO. 12,268 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 PROFESSIONAL SERVICES AGREEMENT WITH ARKK ENGINEERS, L.L.C., FOR THE 2007 STREET BOND PROGRAM - YEAR 5 PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending the rule pertaining to delegation of authority specified in Section 1 -2 "Definitions and rules of construction" of the Code of Ordinances, Baytown, Texas, to authorize a person other than a subordinate to act or perform a duty. ORDINANCE NO. 12,269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS," SECTION 1 -2 "DEFINITIONS AND RULES OF CONSTRUCTION," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE RULE OF CONSTRUCTION FOR "DELEGATION OF DUTY" TO AUTHORIZE A PERSON OTHER THAN A SUBORDINATE TO ACT OR PERFORM A DUTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the closeout, release of retainage, and acceptance of the 2007 Street Bond Program Year 3. ORDINANCE NO. 12,270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2007 STREET BOND PROGRAM -- YEAR 3; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FIFTY -FOUR THOUSAND FIVE HUNDRED EIGHTY -SIX AND 35/100 DOLLARS ($154,586.35) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 13, 2013 Page 9 of 15 f. Consider an ordinance authorizing the closeout of the CDBG Non - Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project; and release of retainage to Peltier Brothers Construction, Ltd. ORDINANCE NO. 12,271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CDBG NON - HOUSING WASTEWATER EMERGENCY POWER: CEDAR BAYOU LIFT STATION EXPANSION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY - NINE THOUSAND SEVEN HUNDRED NINETEEN AND 87/100 DOLLARS ($99,719.87) TO PELTIER BROTHERS CONSTRUCTION, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the closeout and acceptance of the Rehabilitation of Water Tanks on Bayway Drive and Baker Road Projects and the release of retainage to M.K. Painting, Inc. ORDINANCE NO. 12,272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE REHABILITATION OF WATER TANKS ON BAYWAY DRIVE AND BAKER ROAD PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -TWO THOUSAND NINE HUNDRED SEVENTEEN AND 60/100 DOLLARS ($42,917.60) TO M. K. PAINTING, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 1 to the construction contract with SKE Construction, LLC, for the Allenbrook Road Waterline Rehabilitation Project. ORDINANCE NO. 12,273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH SKE CONSTRUCTION, LLC, FOR THE ALLENBROOK ROAD WATERLINE REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($206,250.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 13, 2013 Page 10 of 15 i. Consider an ordinance authorizing the purchase of one (1) Gradall XL4100 6x4 for the Public Works Department. ORDINANCE NO. 12,274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED SIXTY -THREE THOUSAND SEVEN HUNDRED EIGHTY -TWO AND NO 1100 DOLLARS ($263,782.00) TO ASSOCIATED SUPPLY COMPANY FOR THE PURCHASE OF ONE (1) GRADALL XL4100 6X4 WITH AN EXTENDED WARRANTY FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance amending Article III "Tow Trucks," Chapter 102 "Vehicles for Hire" of the Code of Ordinances, City of Baytown, Texas, by adding Section 102 -140 "Tow fee study" to allow for a mechanism by which a towing company may request a tow fee study be performed. ORDINANCE NO. 12,275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION I "GENERALLY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 102 -140 "TOW FEE STUDY" TO ALLOW FOR A MECHANISM BY WHICH A TOWING COMPANY MAY REQUEST A TOW FEE STUDY BE PERFORMED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the payment for annual software maintenance with Versaterm Inc. ORDINANCE NO. 12,276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY - FOUR THOUSAND SEVEN HUNDRED SIXTEEN AND 101100 DOLLARS ($124,716.10) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 13, 2013 Page 11 of 15 1. Consider a resolution authorizing the City to submit an application to the FY2013 Port Security Grant Program on behalf of the Police Department Bomb Squad. RESOLUTION NO. 2245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT (HSCSD) FOR THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY FY2013 PORT SECURITY GRANT PROGRAM (PSGP) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF FIFTY -NINE THOUSAND TWO HUNDRED FIFTY AND NO 1100 DOLLARS ($59,250.00); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($19,750.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Fire Department's HazMat Team. RESOLUTION NO. 2246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT HAZMAT TEAM IN THE AMOUNT OF ONE MILLION SIX THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($1,006,500.00) FOR THE PURCHASE OF A REPLACEMENT HAZMAT RESPONSE VEHICLE AND VARIOUS OTHER EQUIPMENT /INSTRUMENTS TO SUSTAIN THE HAZMAT TEAM'S TYPE I STATUS; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Fire Department's Structural Collapse and Technical Rescue Teams. City Council Regular Meeting Minutes June 13, 2013 Page 12 of 15 RESOLUTION NO. 2247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE FIRE DEPARTMENT'S STRUCTURAL COLLAPSE AND TECHNICAL RESCUE TEAMS IN THE AMOUNT OF THREE HUNDRED FIFTYFOUR THOUSAND FOUR HUNDRED ONE AND NO 1100 DOLLARS ($354,401.00) TO TRAIN AND EQUIP THE REGIONAL TEAMS AND PROMOTE THEM FROM TYPE III TO TYPE II STATUS; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Police Department for the Bomb Squad. RESOLUTION NO. 2248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF SIXTY -FIVE THOUSAND AND NO 1100 DOLLARS ($65,000.00) FOR THE PURCHASE OF A DEDICATED PRIME MOVER FOR THE EOD TRAILER, WHICH HOUSES AND TRANSPORTS EQUIPMENT USED TO STRENGTHEN CBRNE DETECTION, RESPONSE AND DECONTAMINATION CAPABILITIES FOR BPD'S BOMB SQUAD; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider a resolution amending Section 2 of Resolution No. 2244 concerning the City's match for the Make it in America Challenge Grant. RESOLUTION NO. 2249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 2 OF RESOLUTION NO. 2244, PASSED ON THE 23RD OF MAY, 2013, CONCERNING THE CITY'S MATCH FOR THE MAKE IT IN AMERICA CHALLENGE GRANT TO AUTHORIZE A CASH MATCH NOT TO EXEEED FIVE HUNDRED THOUSAND AND NO /100 City Council Regular Meeting Minutes June 13, 2013 Page 13 of 15 DOLLARS ($500,000.00) PER YEAR FOR FIVE (5) YEARS, SUBJECT TO NON - FUNDING FOR FUTURE YEARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Consider two (2) appointments to the Baytown Housing Authority Board. City Manager Leiper presented the agenda item to consider the two (2) appointments of Camille Gomes and Ledell Johnson to the Baytown Housing Authority Board. He stated that the two board members terms expired on March 31, 2013, in which, they both requested reappointment and if appointed would serve until March 31, 2015. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the appointments of Camille Gomes and Ledell Johnson to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved 7. ECONOMIC DEVELOPMENT a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have locate in or near the City and with which the governmental body is conducting economic development negotiations. At 7:45 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have locate in or near the City and with which the governmental body is conducting economic development negotiations. At 7:55 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. b. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement with a commercial retail business prospect that the City seeks to have locate in or near the City. City Council Regular Meeting Minutes June 13, 2013 Page 14 of 15 City Manager Leiper presented the agenda item and stated that Ordinance No. 12,277 authorizes a Chapter 380 Economic Development Agreement with Buc -ee's. City Manager Leiper stated that Buc -ee's project will be built at no cost to the city, the owner will provide a 15 ft. right -of- way for the improvements made to John Martin Road, and the City would allow the owner to build a 100 ft. sign along with allowing the City tourist information space. He stated that the sales tax would be shared with I% to Buc -ee's and I% to the City for a 15 year period. ORDINANCE NO. 12,277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH BUC -EE'S LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,277. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved 8. MANAGER'S REPORT a. Present information regarding the new floodplain maps proposed by FEMA for the City of Baytown. City Manager Leiper presented the agenda item and stated that FEMA developed new flood maps, and staff agreed to host a community visit for Harris and Chambers County at the Baytown Community Center on June 27, 2013. He stated that there will be two public sessions on this day; the first will be in the morning (10:00 A.M. to noon) which will focus on information that impacts lenders and insurance agents. He stated the second session will be from 2:00 P.M. to 8:00 P.M. which will open to all members of the public. b. Present an update on the paramedics that are beginning the fire training academy. City Council Regular Meeting Minutes June 13, 2013 Page 15 of 15 City Manager Leiper stated that eighteen of the former Health Department Paramedics have started their fire training in Baytown. C. Pirates Bay Water Park and Calypso Cove opened for the Summer on Saturday, June 08, 2013, from 11:00 A.M. to 7:00 P.M. City Manager Leiper stated that both parks are open for the season. 9. ADJOURN A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins adjourning the June 13, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Mayor Pro Tom Terry Sam, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the June 13, 2013, City Council Regular Meeting at 8:05 P.M.