Loading...
2012 10 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 2012 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 25, 2012, at 6:31 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 Mercedes Renteria Terry Sain Scott Sheley 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 October 25, 2012, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present, with the exception of Council Member David McCartney who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sheley. 1. MINUTES a. Consider Approving the Minutes of the City Council Regular Meeting for October 11, 2012 - City Clerk. Alan Hudgins registered to speak before Council regarding agenda item La and stated that he lives at 3047 Ferry Road. Mr. Hudgins commented on a number of items within the submitted meeting minutes that he felt were incorrect and/or omitted. Mayor DonCarlos inquired of the City Clerk, as to how the minutes are prepared. Ms. Brysch stated that the meeting minutes are action minutes that include some relevant discussion through the review of notes and the meeting recording. Ms. City Council Regular Meeting Minutes October 25, 2012 Page 2 of 18 Brysch states that the minutes are not a transcript of the meeting and are not prepared verbatim. Council Member Hoskins commented that there is no legal requirement for the creation of verbatim minutes. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Scott Sheley approving the October 11, 2012, 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 Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Proclamation: Friends of Libraries Week - Library. Mayor DonCarlos presented a proclamation to Ms. Katherine Brown, City Librarian, designating October 21 -27, 2012, as Friends of Libraries Week. b. Present Years of Service Awards - Human Resources. City Manager Leiper presented the agenda item to recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). The following employees were recognized: 5 YEARS: • Adan Espinoza, Public Works, Mechanic 15 YEARS: • Steve Ocanas, Patrol Officer • Gordon Atkins, Patrol Officer • Rene Hinojosa, Police Sergeant • Robert Parker, Patrol Officer C. Present the Employee and Team of the Year - Human Resources. City Manager Leiper presented the 2011 - 2012 Employee of the Year to Heather Shedd and Team of the Year to Tom Adam and Elkin Rivas. City Council Regular Meeting Minutes October 25, 2012 Page 3 of 18 Mayor DonCarlos at the request of City Manager Leiper agreed to take the agenda out of order and presented item 8.a. 8.a. Ordinance No. 12,088: Consider Authorizing an Industrial District Agreement with NSN Properties, L.L.C. - City Management. City Manager Leiper stated that Ordinance No. 12,088 authorizes an Industrial District Agreement ( "IDA ") with NSN Properties, L.L.C., for tax years 2012 through 2018 at a base value of $2,235,940 and approves this IDA, which is in conformity with the Industrial District Policy for new companies adopted on July 08, 2010. He stated that the first payment pursuant to this agreement would be for the tax year 2012. A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member Mercedes Renteria III approving consent agenda item 8.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,088 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 NSN PROPERTIES, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. PROPOSED ORDINANCES a. Consider the First Reading of the Annexation of Certain Properties Located in Industrial District No. 3 - Planning and Development Services. City Manager Leiper stated that no action was required for agenda item 3.a. as the approval of item 8.a. eliminated the need to move forward with the annexation of this property. City Council Regular Meeting Minutes October 25, 2012 Page 4 of 18 b. Consider the First Reading of the Annexation of Approximately 2.473 Acres Located on the South Side of East Wallisville Road and East of North Main Street - Planning and Development Services. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,089, was the first reading for an annexation of property located on the south side of East Wallisville Road and east of North Main Street. He stated that on September 13, 2012, the City Council authorized staff to prepare a service plan for the annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot I of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas. City Manager Leiper further stated that the staff, per the Council's direction, created a service plan on September 17, 2012. He stated that notice of the first and second public hearings was published in the September 16, 2012, issue of the Baytown Sun and posted on the City of Baytown's notice board and website on September 14, 2012. Additionally, he stated that the second reading of the ordinance and completion of annexation proceedings is scheduled for December 13, 2012. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,089. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria I1I, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,089 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 2.473 City Council Regular Meeting Minutes October 25, 2012 Page 5 of 18 ACRES LOCATED ON THE SOUTH SIDE OF EAST WALLISVILLE ROAD AND EAST OF NORTH MAIN STREET, LEGALLY KNOWN AS THE NORTH 25 FEET OF LOT 1 OF BELTWAY GAS AND GO, THE NORTH 25 FEET OF LOTS 3 AND 4 OF MEMORIAL BAYTOWN BUSINESS PARK, AND LOT 5 OF MEMORIAL BAYTOWN BUSINESS PARK, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. C. Consider Amendments to the Noise Ordinance - Legal. City Manager Lciper presented the agenda item and stated that staff recommended two changes to the ordinance that was posted online: (1) changing a typographical error regarding the initial decibel level for residential night time from 50 to 58, and (2) regarding section 34 -66(1) adding the verbiage: "or any sound created by an act necessary to prevent the loss of life or property ". City Manager Leiper stated that a frequency chart was added to the noise ordinance; however, there are some concerns voiced from residents and industry that he felt were valid and worth consideration. City Manager Leiper recommended that Council table this item to the next City Council meeting in order to allow him time to meet with some the industrial partners, in order to discuss the impact of this ordinance. He further stated that by tabling the item for another meeting will help alleviate potential confusion over passing and changing an ordinance within a two week period. Joe Blommaert, Brad Molton, Chris Buckner, Bob Bruce, and Alan Hudgins all registered to speak before Council regarding agenda item 3.c. Mr. Joe Blommaert, ExxonMobil Plant Site Manager, stated that the proposed ordinance may pose a concern of unknown consequences, as well as, some inconsistencies regarding the current practices and technologies used to measure noise. He stated particular concerns regarding the sounds of noise and measurements. Mr. Blommaert also stated that they were willing to provide some resources, including technical expertise to assist Council with developing usable and comprehensive noise ordinance. Mr. Brad Molton, ExxonMobil Global Noise and Vibration Expert, stated that the proposed noise ordinance does not address the fact that ExxonMobil is licensed and permitted by the state and federal government for various activities, so as a result and as it is written, potentially conflicts with their existing operations. He requested clarification of the definitions of peek, impulse, and ambient and stated that these have scientific meanings that would help clarify the ordinance. He stated that the table in Paragraph D - Section 362 uses outdated octave ban City Council Regular Meeting Minutes October 25, 2012 Page 6 of 18 frequency specifications and stated that the currently available sound ban instrumentation devices could not filter to the bans which are required in the ordinance. He stated that clarity could be improved by including language from the current American National Standards Institute and Acoustical Society of America in the measurement of outdoor noise. Mr. Molton stated while exceptions are included such as from road noise, there was no guidance on how to distinguish the difference between the road noise and the other exempted activities from the nuisance noise. Mr. Chris Buckner, a representative of Friends of Cedar Bayou, stated that he agreed with City Manager Leiper on getting this ordinance done right, but was concerned that there was no mention in the proposed ordinance of vehicular boom boxes. Mr. Bob Bruce stated that he is a registered Engineer in the state of Texas and is board certified by the Institute of Noise Control Engineering. He stated that IPSCO asked him to review the article in which he has some serious questions that need to be resolved. He stated that the proper definition of ambient and peek need to be discussed. He stated that to measure the peek and the octave ban would require sophisticated equipment and sophisticated training and recommended postponing the adoption for a month to have a meeting with the industries and the experts to discuss the goals of the proposed ordinance. Mr. Alan Hudgins inquired if the noise ordinance applied to the barge terminal or if they were exempted and had to go through the mediation process. He also stated that in in his opinion item 10 under exceptions, was in direct violation of the federal highway safety administration noise abatement criteria, and inquired as to where the state muffler law was covered under the noise ordinance. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III to suspend this item until the 2nd meeting in November. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria I11, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member David McCartney (Absent) City Council Regular Meeting Minutes October 25, 2012 Page 7 of 18 d. Consider Authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12 -inch Force Main Project - Engineering. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,090, authorizes Change Order No. 1 for the Raccoon Road Lift Station Rehabilitation and 12 -inch Force Main Project with T &C Construction, LTD, in the amount of $220,380.00. He stated that the new total contract price is $2,786,190.00 and the contract completion time is also extended by 45 days to accommodate procurement of materials. City Manager Leiper stated that this item was not put on the consent agenda because it was a sizeable staff driven change order to perform work not part of the original scope of work. He stated that the 12" line is being up -sized to a 16" line, which has a life of 20 to 30 years, which would accommodate development for many years. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,090. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved ORDINANCE NO. 12,090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH T &C CONSTRUCTION, LTD., FOR THE RACCOON ROAD LIFT STATION REHABILITATION AND 12 -INCH FORCE MAIN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY -FOUR THOUSAND THREE HUNDRED SEVENTY - THREE AND NO /100 DOLLARS ($224,373.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. EXECUTIVE SESSION City Council Regular Meeting Minutes October 25, 2012 Page 8 of 18 a. Executive Session: Seek Legal Advice Concerning Schirmbeck v City of Baytown, et al. - Legal. b. Executive Session: Seek Legal Advice Concerning Oil and Gas Drilling Operations within the City and its Extraterritorial Jurisdiction - Legal. C. Executive Session: Deliberate the Purchase of Real Property - Legal. At 7:27 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys about Cause No. 4:12 -cv- 02644; Schirmbeck v. City of Baytown, et al, in the United States District Court, Southern Division of Texas, Houston Division; regarding oil and gas drilling operations within the City of Baytown and its extraterritorial jurisdiction; and pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property. At 7:29 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. 5. RESOLUTIONS Mayor DonCarlos with the recommendation of City Manager Leiper stated that items 5.a. and 5.b. are related and stated that they would be considered together. a. Consider Granting a Petition from Chevron Phillips Chemical to Disannex Portions of its Property Located within the City Limits - Planning and Development Services. b. Consider Accepting a Petition from Chevron Phillips Chemical to Voluntarily Annex 101.266 Acres of Land - Planning and Development Services. He stated that Resolution No. 2209, grants a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits at the Northeast corner of I -10 and Sjolander Road. He stated that this petition begins the process of removing sections of the Chevron Phillips Chemical complex that are within the city limits and will be added to Industrial District No. 2. He stated that this disannexation process is running concurrently with the voluntary annexation of 101.266 acres that overlaps a portion of the disannexed area to include the office building and a proposed new lab. City Manager Leiper stated that this petition takes out the 217 acres and put in the 101 acres where the administration offices will be. City Council Regular Meeting Minutes October 25, 2012 Page 9 of 18 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Resolutions 2209 and 2210. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved RESOLUTION NO. 2209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHEVRON PHILLIPS CHEMICAL FOR DISANNEXATION OF A PORTION OF ITS PROPERTY LOCATED AT THE NORTHEAST CORNER OF I -10 AND SJOLANDER ROAD, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHEVRON PHILLIPS CHEMICAL TO ANNEX A 101.266 ACRE TRACT OF LAND IN THE GEORGE ELLIS SURVEY ABSTRACT NO. 21 AND IN THE WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. Receive City of Baytown Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2012 - Finance. Finance Director, Louise Richman presented the agenda item and the City of Baytown's Quarterly Financial and Investment Reports for the quarter ending September 30, 2012. She stated that the revenues were strong, the expenditures were under budget, and that the sales tax, the IDA's and the investment yield increased. City Council Regular Meeting Minutes October 25, 2012 Page 10 of 18 b. Present the City of Baytown 2012 Tourism Report - Administration. City Manager Leiper recommended that this item be postponed until the second meeting in November. 7. DISCUSSIONS a. Present and Discuss the City of Baytown Crime Statistics and Prevention Efforts - Police. Chief Dougherty presented the agenda item to discuss the City of Baytown crime statistics and crime prevention efforts. He presented the following statistics: • robberies were at 59 last year and this year was 56; • burglaries were at 688 last year and this year was 498; • thefts decreased from 2,040 from last year to 1,873 this year; • total criminal offences increased from 2,869 to 2,930, and • they cleared 793 compared to 624. Chief Dougherty stated that this year there were 35,976 calls for service answered compared to last year's 35,029 and noted that the calls for services were not just criminal offences. Chief Dougherty stated that preventive efforts regarding crime control are being taken such as more patrol units being assigned to areas were there is high crime, educational efforts to the community that included public notices, they've provided programs through different public service groups such as citizens on patrol who have been checking homes on a daily basis of those who are not at home as well as writing handicap violations tickets, people safeguarding their devices, and council passing ordinances regarding scrap yards which makes it difficult for the violators to continue their crimes in Baytown. Additionally, Chief Dougherty stated that from August 15, 2011- August 15, 2012, there were 1,516 calls for service at Northwood, so the HOTSPOT team targeted this location and within a couple of weeks made 37 arrests and instituted a badge of excellence program, which includes working with the apartment complex managers regarding tenant concerns and safety. Mayor DonCarlos stated that, in his opinion, if a particular complex generates a certain number of police calls, then they should be required to have 24 hour on site security, and inquired if it were possible to implement. City Manager Leiper stated that the city could use the criminal nuisance abatement program, but have not received a definitive answer for having 24 hour security. Alan Hudgins registered to speak before Council regarding agenda item 7.a. and stated that Ferry Road is a street of daily traffic crime. He inquired when recommendations regarding this road would be implemented. City Council Regular Meeting Minutes October 25, 2012 Page 11 of 18 b. Discuss Development at 700 W. Texas Avenue - Administration. City Manager Leiper presented the agenda item and stated that Mr. Chris Presley would discuss options for the final development at 700 W. Texas Avenue, Baytown, Texas. Mr. Presley stated that his proposed building would be approximately 1,650 square feet and geared toward small businesses. He stated that the building could accommodate one sizeable business or two small businesses. He stated that building would be on the street front lot line with parking behind it, and include a corner closet to promote outdoor activity and falter pedestrian traffic. He also stated that, in order for this project to happen, it would take a large financial commitment from the building owner and a modest contribution from the City. He stated that the building owner would design, construct, and finance the improvements and that the City would need to provide assistance similar to the facade program, and provide water and sewer to the front lot line. He further stated that the vacant lot would need to be released to him, and platted for financing to occur. Council Member Capetillo inquired who owned the entire 700 block. Mr. Presley stated that the City owns the block and he leases the block from the City. Mr. Presley stated that the City would have to release the vacant portion so that he could obtain private financing. City Manager Leiper stated that the City purchased the block for approximately $400,000 and is now selling it back to Mr. Presley. He further stated that Mr. Presley is currently making payments on said loan and is leasing the block the agreement with the City. City Manager Leiper voiced concerns over deeding over a portion of the land to Mr. Presley when the terms of the sale agreement have not been met. He further stated that should Mr. Presley default on his loan, the City would be at a loss, as the property in question would have already been deeded over to Mr. Presley. Council voiced some concerns regarding the use of the facade program for this project as it did not meet the program's intent. After a brief discussion, City Manager Leiper recommended having a meeting with the Economic Development Foundation (EDF), Planning Director Kelly Carpenter, and Mr. Presley to discuss more options. City Council concurred with the recommendation. 8. CONSENT City Council Regular Meeting Minutes October 25, 2012 Page 12 of 18 A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member Robert C. Hoskins approving consent agenda items 8.b. through 8.o. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved b. Ordinance No. 12,091: Consider Granting a Pipeline Permit to DCP Sand Hills Pipeline, LLC - Engineering. ORDINANCE NO. 12,091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO DCP SAND HILLS PIPELINE, LLC, TO INSTALL ONE NEW 24 -INCH PIPELINE IN AN EXISTING CORRIDOR IN THE CITY'S EXTRATERRITORIAL JURISDICTION; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Ordinance No. 12,092: Consider Approving the First Amendment to the Professional Services Agreement for BAWA Water Treatment Plant Improvement Project - Engineering. ORDINANCE NO. 12,092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BAYTOWN AREA WATER AUTHORITY'S FIRST AMENDMENT TO ITS PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE FOR PRELIMINARY ENGINEERING SERVICES FOR THE BAWA WATER TREATMENT PLANT IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY -TWO THOUSAND FIVE HUNDRED FIFTY -SEVEN AND NO /100 DOLLARS ($132,557.00) City Council Regular Meeting Minutes October 25, 2012 Page 13 of 18 SUBJECT TO THE BAYTOWN AREA WATER AUTHORITY RECEIVING FUNDING FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 12,093: Consider Authorizing the Purchase of Eleven (11) Mobile Digital Video Recording Devices — Police. ORDINANCE NO. 12,093 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -ONE THOUSAND SEVEN HUNDRED EIGHTY -FIVE AND 68/100 DOLLARS ($61,785.68) TO COBAN TECHNOLOGIES, INC., FOR THE PURCHASE OF ELEVEN (11) MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATION /SERVERS, SOFTWARE/HARDWARE, AND INSTALLATION /CONFIGURATION SERVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 12,094: Consider Authorizing the Purchase of Eleven (11) Chevrolet Tahoes - Police. ORDINANCEN NO. 12,094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY -EIGHT THOUSAND FOUR HUNDRED THIRTY -ONE AND NO /100 DOLLARS ($288,431.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE OF ELEVEN (11) 2013 CHEVROLET TAHOES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Ordinance No. 12,095: Consider Authorizing a Memorandum of Understanding with Harris County to Redistribute Grant - Funded Vehicles - Police. City Council Regular Meeting Minutes October 25, 2012 Page 14 of 18 ORDINANCE NO. 12,095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF UNDERSTANDING WITH HARRIS COUNTY FOR THE REDISTRIBUTION OF A GRANT - FUNDED VEHICLE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 12,096: Consider the Purchase of a Mobile Concrete Dispenser - Public Works. ORDINANCE NO. 12,096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY THOUSAND SEVEN HUNDRED SEVENTY -TWO AND NO /100 DOLLARS ($90,772.00) TO CEMEN TECH, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 10 YARD R089 MOBILE CONCRETE DISPENSER FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 12,097: Consider Purchasing a 2013 Freightliner Cab and Chassis - Public Works. ORDINANCE NO. 12,097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY -ONE THOUSAND FIVE HUNDRED TWENTY -FOUR AND NO /100 DOLLARS ($91,524.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 FREIGHTLINER 108 SD 80 CAB AND CHASSIS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance No. 12,098: Consider a Demolition Contract for two City- Owned Buildings at 108 W. Pearce Street and 407 W. Pearce Street - Planning and Development Services. City Council Regular Meeting Minutes October 25, 2012 Page 15 of 18 ORDINANCE NO. 12,098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INLAND ENVIRONMENTS, LTD, FOR THE ASBESTOS ABATEMENT AND DEMOLITION OF THE CITY -OWNED STRUCTURES LOCATED AT 108 W. PEARCE AND 407 W. PEARCE, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SEVENTY -FIVE THOUSAND FOUR HUNDRED SEVENTY -SEVEN AND NO /100 DOLLARS ($75,477.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Ordinance No. 12,099: Consider Approving a Budget Amendment to the FCPEMSD FY2011 -12 Budget - Fire. ORDINANCE NO. 12,099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2011 -12 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Ordinance No. 12,100: Consider Amending Section 90 -26 of the Code of Ordinances to Increase the Additional Penalty Assessed on Delinquent Ad Valorem Taxes, Penalties and Interest, to Defray the Cost of Collection of Ad Valorem Taxes - Finance. ORDINANCE NO. 12,100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 90 "TAXATION," ARTICLE II "AD VALOREM TAXES," SECTION 90 -26 "DELINQUENCIES," SUBSECTIONS (A) AND (C) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO INCREASE THE ADDITIONAL PENALTY ASSESSED ON DELINQUENT AD VALOREM TAXES, PENALTIES AND INTEREST; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2012 Page 16 of 18 1. Ordinance No. 12,101: Consider Authorizing the City Manager to Negotiate and Execute an Earnest Money Contract with Gerald Teel for Right -of -Way, Detention and Sidewalks for the Baker Road Extension Project - Engineering. ORDINANCE NO. 12,101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACT WITH GERALD TEEL FOR RIGHT -OF -WAY, DETENTION AND SIDEWALKS FOR THE BAKER ROAD EXTENSION PROJECT UPON TERMS AND CONDITIONS SATISFACTORY TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND EIGHTY - ONE AND NO /100 DOLLARS ($340,081.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Ordinance No. 12,102: Consider Granting a Variance for the Baytown Trade Days Event Along Texas Avenue - Health and EMS. ORDINANCE NO. 12,102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR THE BAYTOWN TRADE DAYS EVENT TO BE HELD ON NOVEMBER 3, 2012, BETWEEN THE HOURS OF 11:00 A.M. AND 6:00 P.M. ON THE 100 THROUGH 300 BLOCK OF W. TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT THE BAYTOWN TRADE DAYS EVENT FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2012 Page 17 of 18 n. Resolution No. 2211: Consider Authorizing the Port Security Grant Program (PSGP) FY2010 Grant Application - Police. RESOLUTION NO. 2211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A PORT SECURITY GRANT IN THE AMOUNT OF SIX HUNDRED SIXTY -SIX THOUSAND AND NO /100 DOLLARS ($666,000.00) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT'S BOMB SQUAD AND THE BAY AREA REGIONAL BOMB SQUAD; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Resolution No. 2212: Consider Accepting the Houston Urban Area Security Initiative (UASI) - FY2012 Grant Award - Fire. RESOLUTION NO. 2212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A SUB - RECIPIENT AWARD FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE FEDERAL HOMELAND SECURITY FY2012 GRANT PROGRAM URBAN AREA SECURITY INITIATIVE FOR THE PURCHASE OF EQUIPMENT FOR THE REGIONAL TECHNICAL RESCUE TEAM, CBRN DETECTION MAINTENANCE AGREEMENTS, AND FOR THE MAINTENANCE AND ADMINISTRATION OF THE GRANT IN THE AMOUNT OF TWO HUNDRED EIGHTY -EIGHT THOUSAND FIFTY -TWO AND NO /100 DOLLARS ($288,052.00); AUTHORIZING THE CITY MANAGER TO TAKE FURTHER ACTION TO SECURE THE GRANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT a. Present Community Events and Updates - City Management. City Manager Leiper presented information regarding community events and updates, such as: City Council Regular Meeting Minutes October 25, 2012 Page 18 of 18 • The Habitat for Humanity Dedication Ceremony, Saturday, October 27, 2012, at 4:00 P.M. at 403 Alva Street, • Veteran's Day Event, Sunday, November 11, 2012, at 11:00 A.M. at the Veteran's Memorial Plaza, Bicentennial Park, 1001 Market Street, • Early Voting by Personal Appearance runs from Monday, October 22, through Friday, November 02, 2012, and • Baytown Trade Days, Saturday, November 03, 2012, on Texas Avenue between Pruett and Commerce Streets from 11:00 A.M. to 6:00 P.M., • Online City Auction, October 31, 2012, and • Recycling Day, November, 10, 2012 at Lowe's In the event of bad weather, the Annual Veterans Day Service will be moved to the Community Center, 2407 Market Street, same time and date. City Manager Leiper stated that the Tabbs Bay cleanup was complete with approximately 310 pilings. Mayor DonCarlos invited Council to join him at San Jacinto Elementary at 8:30 A.M., for the March Against Drugs. 10. ADJOURN A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Scott Sheley adjourning the October 25, 2012, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tom Scott Sheley Nays: None Other: Council Member David McCartney (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 25, 2012, City Council Regular Meeting at 9:57 P.M.