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2016 09 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 22, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 22, 2016, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Council Member Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the September 22, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the Special City Council Meeting held on September 01, 2016. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the September 01, 2016, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) City Council Regular Meeting Minutes September 22, 2016 Page 2 of 19 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Lori Stone requested to appear before Council regarding her experience as the Animal Service Representative on the Animal Control Advisory Board. Ms. Stone stated that she resides at 8207 Beechhaven Lane, Baytown, Texas and has been involved with animal. rescue for over 15 years, but is now retiring and will no longer serve on the Animal Control Advisory Committee where she's served since 2007. She stated that she believes that an animal welfare representative should be actively involved in the community and noted that she's witnessed many improvements to the animal services, but that more officers are needed before the other recommendations can be implemented. Mayor DonCarlos presented Ms. Stone with a plaque of appreciation for her services. b. Chief Dougherty presented the Baytown Police Department's Life Saving Award for service on August 21, 2016. Police Chief, Keith Dougherty presented to Officer K. Zinter, Officer M. Pigg, Officer C. Obenland, Officer J. Nguyen and Officer J. Barrera the Baytown Police Department's Life Saving Award for service on August 21, 2016, at the scene of a major accident with an entrapped citizen. C. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service. 5 Years William "Scott" Tomlin, Fire Dept., Paramedic Daniel Calhoun, Fire Dept., Firefighter Clayton Breeding, Police Dept., Officer 10 Years Blake Nichols, Fire Dept., Equipment Operator d. The 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park to begin at 4:30 P.M. City Council Regular Meeting Minutes September 22, 2016 Page 3 of 19 Mr. Jacob Schaffer presented this year's lineup and stated that the lineup include performances from Mariachi Los Gallitos, H.O.L.A Ballet Folklorico, The Hometown Boys, and A. B. Quintanilla and the Elektro Kumbia Kings. Mr. Schaffer noted that the H.O.L.A Ballet Folklorico will perform traditional dances between acts. 3. ANNEXATION OF APPROXIMATELY 230.36 ACRES OF LAND a. Consider an ordinance authorizing one or more Development Agreements with owners of property within the 230.36 acres of land to be annexed. Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance No. 13,288 authorizes two (2) development agreements with owners of property within the 230.36 acres of land to be annexed. He stated that approximately 94 acres of development would be removed with these agreements leaving 136 acres of land to be annexed within the city. He further noted that the development agreements provides that the property subject to the agreement will retain its extraterritorial status for up to seven (7) years or until any type of subdivision plat or related development document is filed or the property loses its agricultural, wildlife management or timber use exemption, whichever occurs first. Additionally, he stated that the City offered the development agreements and required the same to be signed before this meeting or else the property would be subject to annexation. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,288. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,288 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 THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 230.36 -ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 4 of 19 b. Consider an ordinance for the second and final reading of the proposed involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and rights -of -way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right -of -way to Crosby Cedar Bayou Road and portions of Barkuloo Road right -of -way, Harris County, Texas. Mr. Dietrich presented the agenda item and stated that Ordinance No. 13,273 is the second and final reading regarding the involuntary annexation previously discussed in agenda item 3.a. He stated that on June 09, 2016, City Council approved a resolution directing staff to create a service plan for the proposed area to be annexed and this second reading completes the annexation proceedings. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,273 regarding the second and final reading of the involuntary annexation of approximately 23 0.3 6 acres of land near N. Main including Blue Heron Parkway. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,273 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 230.36 ACRES, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 FOR MULTIPLE PARCELS AND RIGHTS - OF -WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT - OF -WAY, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. City Council Regular Meeting Minutes September 22, 2016 Page 5 of 19 C. Consider an ordinance placing the newly annexed properties generally described as approximately 230.36 acres of land, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 consisting of multiple parcels and rights -of -way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right -of -way to Crosby Cedar Bayou Road and portions of Barkuloo Road right -of -way, into Council Districts 4 and 5. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 13,289. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 230.36 -ACRES OF LAND, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 CONSISTING OF MULTIPLE PARCELS AND RIGHTS -OF -WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT - OF -WAY, SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO DEVELOPMENT AGREEMENTS, INTO COUNCIL DISTRICTS 4 AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. ANNEXATION AND REZONING OF APPROXIMATELY 2.034 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas. Mr. Dietrich presented the agenda item and stated that the purpose of the annexation is to obtain utilities for future commercial development. He stated that the proceeding rezoning this City Council Regular Meeting Minutes September 22, 2016 Page 6 of 19 property is being processed concurrently with this application. Additionally, Mr. Dietrich stated that on July 14, 2016, the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,258 regarding the second and final, reading of a voluntary annexation of approximately 2.035 acres of land near Archer and Garth Roads. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,258 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 2. 034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,290. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes September 22, 2016 Page 7 of 19 Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 2.034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ABOUT 300 FEET WEST OF THE INTERSECTION OF ARCHER AND GARTH ROADS, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:00 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mr. Dietrich stated that currently, the subject property is vacant and the applicant is proposing future commercial development. Additionally, he stated that this rezoning is consistent with the Future Land Use Plan and on August 16, 2016, the Planning and Zoning Commission voted to recommend approval of the zoning map amendment. With there being no one registered to speak regarding agenda item 4.c., Mayor DonCarlos closed the public hearing at 7:00 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,291. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 8 of 19 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE 2.034 ACRES OF LAND, LOCATED ALONG THE CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, 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. 5. ANNEXATION AND REZONING OF APPROXIMATELY 7.45 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which is a portion of the tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. Mr. Dietrich presented the agenda item and stated that the purpose of this annexation is to obtain utilities for future commercial development and an application to zone this property is being processed concurrently with this application. Additionally, he stated that the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,259 regarding the second and final reading of the voluntary annexation of approximately 7.45 acres of land at 5523 Garth Road. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 9 of 19 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,259 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 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, WHICH INCLUDES A PORTION OF THE TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 7.45 acres of land, located at 5523 Garth Road, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,292. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS City Council Regular Meeting Minutes September 22, 2016 Page 10 of 19 COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mayor DonCarlos stated that the purpose of this public hearing was obviously clear with regards to the zoning change. With there being no one registered to speak regarding agenda item 5.c., Mayor DonCarlos closed the public hearing at 7:03 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,293. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,293 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 September 22, 2016 Page 11 of 19 BAYTOWN TO REZONE 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, 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. 6. BAYTOWN REVITALIZATION INCENTIVE ZONE Mayor DonCarlos stated that agenda items 6.a. and 6.b. would be considered together as agenda item 6.a. renews the zone and agenda item 6.b. adopts the Incentive Policy for the zone. a. Consider a resolution creating the Baytown Revitalization Incentive Zone, a neighborhood empowerment zone within a portion of the City of Baytown. b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization Incentive Zone to exercise certain municipal powers in such neighborhood empowerment zone. Community Development Block Grant Program Manager, June Tyler presented the agenda item and stated that Resolution No. 2439 creates the Baytown Revitalization Incentive Zone (RIZ), a neighborhood empowerment zone (the "Zone "), within a portion of the City of Baytown. She stated that there are two (2) separate programs of the RIZ: Program 1- The Basic Incentive and Program 2 - Tax Refund. She stated that Program 1 waives certain permit and impact fees and Program 2 refunds the City's ad valorem incremental tax increase and is based on a five (5) year schedule. Mrs. Tyler further stated that since the adoption of the guidelines in the year 2014, the following changes proposed include adding approximately 370 parcels to the zone, providing a definition of property ownership, and updating the fees enumerated in Section 3 due to the change in the fee schedule. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Robert C. Hoskins approving Resolution No. 2439 and Ordinance No. 13,294. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes September 22, 2016 Page 12 of 19 RESOLUTION NO. 2439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE BAYTOWN REVITALIZATION INCENTIVE ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF THE CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. REPORTS a. Receive the effective and rollback tax rate calculation for the 2016 tax year (Fiscal Year 2017). Finance Director, Wade Nickerson presented the agenda item and stated that the effective tax rate and the rollback rates were calculated at $0.84737 and $0.82483 per $100 valuation, respectively. Additionally, he stated that these rates are both above the current rate and no special public hearings will be held on the rates. 8. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 8.a. through 8.r. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes September 22, 2016 Page 13 of 19 a. Consider an ordinance authorizing the closeout, acceptance and release of retainage of the CDBG Non - Housing Building and Hardening and Structural Improvements Project. ORDINANCE NO. 13,295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE CDBG NON - HOUSING BUILDING AND HARDENING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY THOUSAND SEVEN HUNDRED SIXTY -ONE AND 48/100 DOLLARS ($50,761.48) TO JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the Kilgore Pipebursting Project with PM Construction & Rehab, LLC. ORDINANCE NO. 13,296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY -SIX THOUSAND FIVE HUNDRED EIGHTY -SEVEN AND 74/100 DOLLARS ($86,587.74) TO PM CONSTRUCTION & REHAB, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the closeout and acceptance of the 2015 Mill & Overlay Project. ORDINANCE NO. 13,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 MILL & OVERLAY PROJECT — YEAR 1; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY -FIVE THOUSAND SEVEN HUNDRED NINETY -THREE AND 92/100 DOLLARS ($65,793.92) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the 2016 Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC for an additional year. ORDINANCE NO. 13,298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2016 ANNUAL SANITARY SEWER REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE City Council Regular Meeting Minutes September 22, 2016 Page 14 of 19 UTILITIES, LLC, FOR 2016; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL 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. e. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2015 Annual Waterline Rehabilitation Project -- Year 2, with SKE Construction, LLC. ORDINANCE NO. 13,299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 ANNUAL WATERLINE REHABILITATION PROJECT — YEAR 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -FIVE THOUSAND FOUR HUNDRED FIFTY -ONE AND 90/100 DOLLARS ($35,451.90) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the final renewal of the 2015 Annual Waterline Rehabilitation Project with SKE Construction, LLC, and authorizing Change Order No. 1. ORDINANCE NO. 13,300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2015 ANNUAL WATERLINE REHABILITATION CONTRACT FOR YEAR 3 WITH SKE CONSTRUCTION, LLC, FOR 2016; AUTHORIZING CHANGE ORDER NO. 1 FOR SUCH PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($750,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the Professional Service Agreement with SKA Consulting, L.P., for the Public Works Fuel Tanks Project. ORDINANCE NO. 13,301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SKA CONSULTING L.P., FOR THE PUBLIC WORKS FUEL TANKS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -NINE THOUSAND SIX HUNDRED FORTY -ONE AND NO /100 DOLLARS ($79,641.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 15 of 19 h. Consider an ordinance authorizing the approval to convert North Civic Drive to a one -way street and installing the appropriate signage. ORDINANCE NO. 13,302 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 I "DESIGNATION — ONE WAY STREETS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO CONVERT NORTH CIVIC DRIVE TO A ONE -WAY DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the First Amendment to the Chapter 380 Economic Development Agreement with The Kroger Co., to extend the date to obtain the certificate of occupancy for the new retail grocery store. ORDINANCE NO. 13,303 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 THE KROGER CO.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for City employees' use of Wellness Center and Swimming Pool. ORDINANCE NO. 13,304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR CITY EMPLOYEES' USE OF THE WELLNESS CENTER AND SWIMMING POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and litter removal. City Council Regular Meeting Minutes September 22, 2016 Page 16 of 19 ORDINANCE NO. 13,305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND UTTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY -FIVE THOUSAND ONE HUNDRED SEVENTY -SIX AND 45/100 DOLLARS ($95,176.45); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance establishing speed limits and hours of enforcement in school zones for all of Goose Creek Consolidated Independent School District's elementary schools within the City of Baytown. ORDINANCE NO. 13,306 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. m. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas Local Government Purchasing Cooperative (Buy Board), for demolition and construction of concrete work for the new Aqua Loop and Aqua Drop slides and tower at Pirates Bay. ORDINANCE NO. 13,307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY - ONE THOUSAND THREE HUNDRED FORTY -TWO AND NO /100 DOLLARS ($431,342.00) TO KRAFTSMAN L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR CONCRETE WORK FOR THE NEW AQUA LOOP AND AQUA DROP SLIDES AND TOWER AT PIRATES BAY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 17 of 19 n. Consider an ordinance authorizing the purchase of prefabricated restroom buildings for Jenkins Park and the Wayne Gray Sports Complex through the Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities Limited. ORDINANCE NO. 13,308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY - TWO THOUSAND FIVE HUNDRED EIGHTY -NINE AND NO /100 DOLLARS ($282,589.00) TO RESTROOMS FACILITIES LIMITED, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF PREFABRICATED BUILDINGS FOR THE JENKINS PARK AND THE WAYNE GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the purchase of Diamond Mowing Equipment from Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 13,309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY - TWO THOUSAND FIVE HUNDRED EIGHTY -NINE NO /100 DOLLARS ($282,589.00) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF DIAMOND MOWING EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance authorizing the purchase of John Deere equipment from the Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 13,310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY - THREE THOUSAND THREE HUNDRED FORTY -SEVEN AND 62/100 DOLLARS ($153,347.62) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF JOHN DEERE City Council Regular Meeting Minutes September 22, 2016 Page 18 of 19 EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance awarding the Annual Janitorial Supplies contract to Great Southwest Paper. ORDINANCE NO. 13,311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GREAT SOUTHWEST PAPER FOR THE ANNUAL JANITORIAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY - FIVE THOUSAND THREE HUNDRED TWENTY -THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts and supplies for meter maintenance from HD Supply Waterworks, Ltd. ORDINANCE NO. 13,312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED NINETY THOUSAND AND N011 00 DOLLARS ($290,000.00) TO HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT a. The 7th Annual Health and Safety Fair will be held on Saturday, October 01, 2016, from 10:00 A.M. to 2:00 P.M. at Goose Creek Memorial High School, 6001 E. Wallisville Road. Emergency Management Coordinator, Bill Vola presented that agenda item and stated that the 2016 Baytown/Chambers LEPC County Health and Safety Fair will take place on Saturday, October 01, 2016, at Goose Creek Memorial High School from 10:00 A.M. - 2:00 P.M. Mr. Vola noted that the purpose of this free family event is to provide our residents with an opportunity to meet and interact with our community providers for health and safety resources. City Manager Davis presented appreciation to staff, Centerpoint Energy, Baytown Electric, and Johnson Controls for their contributions in assisting us with restoring power to the Library. He also presented recognition to Officer Jessica Dorantez and Lloyd Lively for their accomplishments. City Council Regular Meeting Minutes September 22, 2016 Page 19 of 19 Mayor DonCarlos noted that National Night Out for Baytown is on October 04, 2016. 10. ADJOURN A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo adjourning the September 22, 2016, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the September 22, 2016, City Council Regular Meeting at 7:18 P.M. ticia Brysch, City Cle City of Baytown f