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2012 11 19 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 19, 2012 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, November 19, 2012, 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 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 David Alford City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Assistant Sergeant at Arms Mayor DonCarlos convened the November 19, 2012, City Council Special Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor Pro Tem Sheley. 1. ELECTION CANVASS a. Canvass the Results of the City of Baytown November 06, 2012, Special Election. Mayor DonCarlos presented the agenda item to Canvass the returns of the City of Baytown Special Election held on Tuesday, November 06, 2012 regarding 19 Propositions for amendments to the Charter of the City of Baytown, Texas. He stated that through the City Clerk he was delivered the sealed precinct returns to the City Council as the canvassing authority. Mayor DonCarlos stated that he would read a summary of the tabulated results of the election based upon the complete tabulation by precinct. He then delivered the precinct returns, tally lists, and early voting report used in the canvass to the City Clerk, the City Council Special Meeting Minutes November 19, 2012 Page 2 of 18 general custodian of election records, who shall preserve them for the period for preserving election precinct records. b. Consider an ordinance declaring the results of the City of Baytown Special Election held on Tuesday, November 06, 2012. Mayor DonCarlos presented the agenda item and stated that Ordinance No. 12,110 declares the results of the City of Baytown Special Election held on Tuesday, November 06, 2012, in which residents voted on 19 proposed charter amendments. A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,110. 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, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD NOVEMBER 6, 2012, CONCERNING NINETEEN (19) PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on November 08, 2012. Alan Hudgins registered to speak before Council regarding agenda item 2.a. and stated that he lives at 3047 Ferry Road. Mr. Hudgins requested that Council seek appropriate action to his concerns regarding City Council minutes as it relates to content and compliance with State Law. Council Member Hoskins stated that after attending the TML Conference in Grapevine, Texas the prior week, and attending a session regarding minutes, it was his opinion that the minutes are correct and in compliance with State Law. City Council Special Meeting Minutes November 19, 2012 Page 3 of 18 A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the minutes of the November 08, 2012, City Council Regular Meeting. The voting 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, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown employees for their Years of Service. City Manager Leiper presented the agenda item and recognized City of Baytown employees for their Years of Service. He requested that Chief Dougherty's recognition be moved to the next agenda. Mayor DonCarlos recognized City Manager Bob Leiper for his 35 years of service. 10 Years Terry Lindsey, Building Inspection Specialist Todd Guidry, Paramedic 20 Years Teri Roche', Budget Officer 30 Years Keith Dougherty, Chief of Police 35 Years Robert Leiper b. Recognize and receive the GFOA's Distinguished Popular Annual Finance Report (PAFR) Award for FY 2011 -12 Budget. City Manager Leiper presented the agenda item to recognize and receive the GFOA's Distinguished Popular Annual Finance Report (PAFR) Award for FY 2011 -12 Budget. He stated that this certificate was presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving this recognition and was presented to Ms. Teri Roche, Budget Officer for the City of Baytown. City Council Special Meeting Minutes November 19, 2012 Page 4 of 18 C. Recognize the City of Baytown Public Safety Award of Excellence winners. City Manager Leiper presented the agenda item and recognized the City of Baytown Public Safety Award of Excellence winners to Lt. Shawn Fischer, Police Officer of the Year, Lt. Mark Neal, Firefighter of the Year, Cpl. Richardo "Pico" Rodriguez for Harris County Constable of the Year and Karlis Anderson who was present and received a plaque for Paramedic of the Year. Mayor DonCarlos stated that agenda items 9.a. and 9.b. were pulled from the agenda and the application was completely withdrawn by the applicant and would not be able to be brought back before Council without a complete restart of the rezoning process. 9.a. Consider an ordinance approving amendments to the Baytown 2025 Comprehensive Plan to amend the Future Land Use Map regarding approximately 46.68 acres of land generally located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri- Cities Beach Road, and north of the Missouri Pacific Railroad in Harris County, Texas. 9.b. Consider an ordinance rezoning approximately 46.68 acres located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri - Cities Beach Road, north of the Missouri Pacific Railroad in Harris County, Texas, from a Mixed Use (MU) Zoning District to a Light Industrial (LI) Zoning District. Mr. Alan Hudgins registered to speak before Council regarding agenda item 9.a. 4. DISCUSSIONS a. Discuss the drilling of oil wells in and around the Evergreen Golf Course and its impacts on the community and the City of Baytown's future land use plan. City Manager Leiper presented the agenda item to discuss the drilling of oil wells in and around the Evergreen Golf Course and its impacts on the community and the City of Baytown's future land use plan. He stated that in years past and prior to zoning, the City had a Comprehensive Oil Well Drilling Ordinance. He stated that the City was contacted by a company who inquired about the mineral rights to the Goose Creek Oil Field and applied for a permit to drill a well in the Goose Creek Fields. They were told that the zoning requirements to drill an oil well require heavy industry zoning. He stated that staff met with the company's' attorney's and that Council authorized for him to retain the services of an attorney who's experienced in oil and gas matters. City Manager Leiper stated that it appears that the City can not preclude a mineral rights owner from accessing their mineral rights and that a surface property owner that does not own the mineral rights can not arbitrarily or unilaterally preclude that mineral rights owner from reaching those assets. He stated that if someone owns property and he tells them that they can not use that property for anything, that is essentially considered a taking which requires that the City Council Special Meeting Minutes November 19, 2012 Page 5 of 18 person to be made whole for the value of what was taken from them. Additionally, he stated that the mineral rights for the Goose Creek Oil Fields were acquired in 2006 for $63,000,000, in which the City would be potentially liable for plus all of the profits that they were not allowed to reap from the property, if the City did not allow the mineral rights owners access to their mineral rights. City Manager Leiper stated that the Goose Creek Oil Field has many wells; with a vast majority of them as non productive wells. He stated that to the developer's credit on a regular basis they are going to the railroad commission process to properly cap and seal those wells permanently. City Manager Leiper stated that the locations being proposed for drilling also extend up into the property that was to be the subject of the zoning case on tonight's agenda and also the property in which the City was planning to put large lot residential development. He stated that the first well that they are asking to do is Ashbel Smith 2 No. 55. City Manager Leiper stated that the mineral rights owners understand the issues and have no problem with staying away from residential areas, along the bayou, and setting up in specific locations. He stated that staff is working on an administrative agreement that protects all parties involved but also allows the mineral rights owners' reasonable access to their mineral rights as the City is not in the position to pay $63,000,000 for this site. He noted that are other places with mineral rights owners as well. City Manager Leiper stated that the City is able to write oil well regulations which have been on the books since the 50's, as long as, the regulation is not written to completely preclude the use of someone's mineral rights. During further discussion, Mayor Pro Tern Sheley inquired if the City's noise ordinance has anything to do with the potential 24 hour noises coming from the drilling rigs. City Manager Leiper stated that from the top of his head that it would apply. City Manager Leiper stated for clarification that these are not gas wells and this is not fracking. City Manager Leiper stated that anything that staff does would go through the Planning and Zoning Commission (P &Z) before it goes to Council. City Attorney Ignacio Ramirez stated for clarification that the changes that are made to the zoning ordinance to provide for the special use permit would go to P &Z and Council, but the plan is to try and get an administrative special use permit process so that each well would not have to go back to the P &Z. Mayor Pro Tem Sheley inquired if this was the type of oil well drilling that would affect the air quality in the area. City Manager Leiper stated that those are all regulated by the Railroad Commission of Texas and Texas Commission of Environmental Quality (TCEQ) so they would have to meet state and federal requirements. City Council Special Meeting Minutes November 19, 2012 Page 6 of 18 5. PROPOSED RESOLUTIONS a. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston - Galveston Area Council for the year 2013. Mayor DonCarlos presented the agenda item and stated that the 2013 General Assembly representative of the Houston - Galveston Area Council is Brandon Capetillo and the alternate is Stephen DonCarlos. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem. Scott Sheley approving Resolution No. 2216 nominating Brandon Capetillo as the Representative and Stephen DonCarlos as the Alternate. 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, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Approved RESOLUTION NO. 2216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTONGALVESTON AREA COUNCIL FOR THE YEAR 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. INCREASING TIRZ NO. 1 GEOGRAPHIC AREA AND PROJECT COSTS a. Conduct a public hearing regarding the proposed amendment of the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas, resulting in an increase in geographic area and project costs of the Zone. At 7:20 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the proposed amendment of the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas, resulting in an increase in geographic area and project costs of the Zone. City Manager Leiper stated that agenda items 6.a., 6.b., and 6.c. are all related and is a Special Use TIRZ project. He stated that Chevron Phillips offered to advance approximately $7 million dollars to reconstruct Sjolander Road to a five {5} lane City Council Special Meeting Minutes November 19, 2012 Page 7 of 18 concrete road from I -10 to Wallisville Road to be reimbursed through tax increment from the county. He stated that they were unsuccessful when taking the approach of doing a Chapter 381 where the County would do it directly. He stated that the TIRZ legislation changed two (2) year ago and no longer has to be contiguous or in the City, so the TIRZ is being expanded outside of the City to take in those increments of county tax. City Manager Leiper stated that this is being done as a stand alone amendment as opposed to a new project plan because when this is paid back, it all goes away and is a seven (7) year zone enlargement. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:27 P.M. b. Consider an ordinance enlarging the boundaries of Reinvestment Zone Number One, City of Baytown, Texas. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,111. 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 (Not Present for Vote) Approved ORDINANCE NO. 12,111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the proposed amendments to the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Scott Sheley approving Ordinance No. 12,112. The vote was as follows: City Council Special Meeting Minutes November 19, 2012 Page 8 of 18 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 (Not Present for Vote) Approved ORDINANCE NO. 12,112 AN ORDINANCE APPROVING THE 2012 AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. CHEVRON PHILLIPS DISANNEXATION /ANNEXATION a. Conduct the first public hearing on a petition to voluntarily disannex approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road, legally known as a portion of land out of the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. At 7:25 P.M., Mayor DonCarlos opened and conducted the first public hearing on a petition to voluntarily disannex approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road, legally known as a portion of land out of the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. City Manager Leiper stated that on October 25, 2012, the City Council granted a petition from Chevron Phillips Chemical for the 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 is the first public hearing to begin 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 the area to be disannexed includes an office building and portions of the actual plant complex; however, 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 disannexation process follows a similar path as annexations. He stated that two public hearings would be held and two readings of the ordinance are required. He stated that notice for the first and second public hearings were City Council Special Meeting Minutes November 19, 2012 Page 9 of 18 published in the Baytown Sun on November 04, 2012, and posted on the City of Baytown's notice board and website on October 31, 2012. Alan Hudgins registered to speak before the public hearing regarding agenda item 7.a. and asked if residential neighborhoods in Baytown were allowed to file for voluntary disannexation and/or limited disannexation. Mayor DonCarlos closed the first public hearing at 7:31 P.M. b. Conduct a second public hearing on a petition to voluntarily disannex approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road, legally known as a portion of land out of the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. At 7:31 P.M., Mayor DonCarlos opened and conducted a second public hearing on a petition to voluntarily disannex approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road, legally known as a portion of land out of the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 7:31 P.M. C. Conduct the first public hearing regarding the proposed voluntary annexation of 101.266 acres located at the northeast corner of I -10 and Sjolander Road, legally known as a portion of land out of the George Ellis Survey, Abstract No. 21 and the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. At 7:32 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of 101.266 acres located at the northeast corner of I- 10 and Sjolander Road, legally known as a portion of land out of the George Ellis Survey, Abstract No. 21 and the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. City Manager Leiper stated that on October 25, 2012, the City Council authorized Staff to prepare a service plan for the property located at the northeast corner of Sjolander Road and Interstate 10. He stated that this property is contiguous to the city limits of Baytown along the right -of -way of Interstate 10, is without residents, and currently contains Chevron plant offices and a proposed laboratory. He stated that a service plan was completed on November 02, 2012 and notice for the first and second public hearings were published in the Baytown Sun on November 04, 2012, and posted on the City of Baytown's notice board and website on October 31, 2012. With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at 7:33 P.M. City Council Special Meeting Minutes November 19, 2012 Page 10 of 18 d. Conduct the second public hearing regarding the proposed voluntary annexation of 101.266 acres located at the northeast corner of I -10 and Sjolander Road, legally known as a portion of land out of the George Ellis Survey, Abstract No. 21 and the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. At 7:33 P.M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of 101.266 acres located at the northeast corner of I -10 and Sjolander Road, legally known as a portion of land out of the George Ellis Survey, Abstract No. 21 and the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 7:34 P.M. 8. AMENDING NOTICE REQUIREMENTS FOR ZONING AMENDMENTS a. Conduct a public hearing regarding the application of Bob Leiper amending Section 130 -121 "Notice required" and Section 130 -122 "Contents of notice" of the Baytown Code of Ordinances and Article One, Division 3 "Administration and Procedures," Sections 1.21, 1.22, and Table 1 -3 of the Baytown Unified Land Development Code to reduce surrounding property owner notice requirement for zoning map amendments from 300 feet to 200 feet, to amend the requirement to post signs for zoning map amendments, and to require website posting for zoning amendments. At 7:34 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the application of Bob Leiper amending Section 130 -121 "Notice required" and Section 130- 122 "Contents of notice" of the Baytown Code of Ordinances and Article One, Division 3 "Administration and Procedures," Sections 1.21, 1.22, and Table 1 -3 of the Baytown Unified Land Development Code to reduce surrounding property owner notice requirement for zoning map amendments from 300 feet to 200 feet, to amend the requirement to post signs for zoning map amendments, and to require website posting for zoning amendments. City Manager Leiper stated that an alternative proposal would be discussed after he summarizes the agenda item. City Manager Leiper stated that this proposed ordinance amends Chapter 130 and the ULDC to reduce surrounding property owner notice requirements for zoning map amendments from 300 feet to 200 feet, to amend the requirement to post signs for zoning map amendments, and to require website posting for zoning amendments. He stated that the Texas Local Government Code sets notice standards for surrounding property owners within 200 feet of a requested rezoning, but also allows local governments to set alternative standards. He stated that staff recommended amending the distance from 300 feet to 200, but the Planning and Zoning Commission recommended leaving the distance at 300 feet. City Council Special Meeting Minutes November 19, 2012 Page 11 of 18 City Manager Leiper stated that zoning information is posted on the web, but it's not required and staff along with the Planning and Zoning Commission agreed that website posting should be required. He stated that because the posting of onsite signs is problematic when rezoning on a larger scale, Planning and Zoning Commission issued a recommendation that would take care of the entire city rezoning which stated that if the rezoning is more than 31 square miles then no signs were required to be posted. He stated that staff is proposing that if there is a proposal or request for rezoning of five (5) tracts /parcels or fewer, then staff would follow the current practice of placing signs at least every 200 feet along a thoroughfare. City Manager Leiper stated that staff is proposing to change the zoning sign to a generic sign with a phone number to call for more information regarding the zoning and if the rezoning is more than five (5) tracts /parcels that staff be required to post at lease six (6) signs but that the director of planning and development could post more signs as they deem appropriate. Alan Hudgins registered to speak before the public hearing regarding agenda item 8.a. and asked if the proposal was for a website change for the ULDC. City Manager Leiper stated that the distance would remain at 300 feet and the changes were for the zoning and ULDC because it is listed in both places. City Manager Leiper stated that the recommendation is for the redlined amendment provided to Council at their places on the dais. Mayor DonCarlos closed the public hearing at 7:45 P.M. b. Consider an ordinance amending Section 130 -121 "Notice required" and Section 130 -122 "Contents of notice" of the Baytown Code of Ordinances and Article One, Division 3 "Administration and Procedures," Sections 1.21, 1.22, and Table 1 -3 of the Baytown Unified Land Development Code regarding the requisite notices for zoning map amendments. ORDINANCE NO. 12,113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE II "ADMINISTRATION," DIVISION 2 "DEPARTMENTS, BOARDS AND COMMISSIONS," SUBDIVISION IV "HEARINGS," SECTION 130 -121 "NOTICE REQUIRED," SUBSECTION (3) "POSTING OF SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO LIMIT THE REQUIREMENT TO POST SIGNS; AMENDING CHAPTER 130 "ZONING," ARTICLE II "ADMINISTRATION," DIVISION 2 "DEPARTMENTS, BOARDS AND COMMISSIONS," SUBDIVISION IV "HEARINGS," SECTION 130 -121 "NOTICE REQUIRED" OF THE CODE OF ORDINANCES, 'OZ'Z£L$ do luaulked atJl ao� payaeaa senn saun�o �Claadold aul uliM luauxaaa312 ue luqI pawls aadiaZ aaBeueW Aj}O •an JaQ Kg0 pads JM� t t9S 3o agaa aye ;u pa�eaoJ �uautasga �f.ItJJ�n Ioo3-OZ a ;o �uawuopugqu auI �utz[aoglnB aauBUJpao ug aapJsuo� •a S30MVNIGHO Q3SOd02Id '6 panoaddd auoN :MeKI Saiac{S IaoaS wa,L old joAeW `utuS tiaaZ aaquiaJN Jtauno� `IJI eualua2J sapaaaaW iaqwaW JiaunoD `Aaul.mOaW ptneQ .iaquiaW Jt3uno0 `sulxsoJ -I •O laagoN aaquxaW JTaunoj `opilade3 uopuYafl aaqwaJN J►aunoo `soJ.iEDuod uagdalS aofeW :saAd :snnoJJo3 se senn alon alq,L •step aql le paaeJd senn lu�jl uotsaan papuauiR aul `£ i 14Z J 'oJq aaueutpaO Suinoadde AaulaeOaW ptngo aaquzay� Jiauno� Aq papuoaas pue suilsoJ{ •O Iaago21 .iaquaaW Jiauno0 fiq apeui sum uotloui N '3032I3HI 31VG 3AI D3333 3HI JNIQIA02Jd QNH `•3SfIV-10 SJNIAVS d JNINIVIMOD 6- 3SfIN'IO JNI'Id3d32I d JNIQIAONd !SDMI.LSOd 31ISfl3M QNd NJIS 2103 S.LN3NI32IIf1o32I 931 LON 3HI 3flINOSMI 01 aNH `•3JUSfl31A SAID 3H.L NO Q IMI 39 01 S IdV3H OI'Iflf]d 10 S93I.LON 32IIf1032I O.L `SNJIS .LSOd OZ .LN3IN32IIf1�32J 3H.L .LIY�II'I O.L `•Z IOZ `£Z A2Idf12Ifl33 NO 'IIONf100 1�.LI0 3H.L Afl Q3.LdOQN 998` i J 'ON 30NdNIQ2I0 30 d •LIflIHX3 30 „S.LN3L1i32IIf1�32I 3�I.LON 30 A2IdY�IY1if1S„ £-I 3'Ifld.L QNd „SNJIS„ ifl) NOI.L�3Sflf1S „`3�I.LON d0 S.LN3.LN00„ ZZ' I NOI.L�3S `• „SNJIS d0 JNI.LSOd„ i�) NOI.L03Sflf1S „`S.LN3Y�I32IIf1�32J 30I.LON QNd JNI2I�d3H �I'Iflfld„ IZ' l NOI.L�3S „`S32if]Q3�02Id QNd NOI.Lt/2I.LSINIY1iQ�'„ £ NOISIAIQ ,`'IN2I3N3J„ 3N0 3'I�I,L21d JNIQN3NiN `•SJNI.LSOd 3.LISfl3M QNd NJIS 2IOd S.LN3L1i32IIf1�32I 3�I,LON 3H.L 3flI2iOS32Id O.L `SdX3.L `NMO.LAdfl `S30N�'NIQ2I0 30 3Q0� 3H.L 30 „ 30I.LON 30 S.LN3.LN0�„ ZZ J -0£ I NOI.L�3S „`S JNI2I�'3H„ AI NOISIAIQflf1S „`SNOISSIY�IL�iO� QNH SQ2IdOfl `S.LN3Y�I.L2Idd3Q„ Z NOISIAIQ ,`NOI.L�2I.LSINIINQd„ II 3'I�I.L2Id „`JNINOZ„ 0£J 2I3.LddHO JNIaN3Y1id `•3.LISfl3M S,A.LI� 3H.L NO Q3.LSOd 3fl OZ SJNI2IN3H OI'Iflfld 30 S30I.LON 32IIf1�32i OZ „JNI.LSOd 3.LISfl3M, ib) NOI.L03Sflf1S Q3"I.LI.LN3 QNd Q32I3flY�IC1N 3fl OZ NOI.L03Sflf1S M3N d QQ�' OZ `S�'X3.L `NMO.LAdfl 8 13o Z l abed Z I OZ `6 t .�agwano� sa�nuryv �utlaay� Je�aads jiauno� ,C�i� City Council Special Meeting Minutes November 19, 2012 Page 13 of 18 A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,114. 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, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Approved ORDINANCE NO. 12,114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A 0.06 ACRE OR 2,615 SQUARE FOOT, MORE OR LESS, UTILITY EASEMENT ALONG THE WEST OR REAR PROPERTY LINE OF LOT EIGHTEEN (18), BLOCK ONE (1), OF THE REPLAT OF CEDAR BEND SUBDIVISION, A SUBDIVISION IN CHAMBERS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME "A," PAGE 82 OF THE PLAT RECORDS OF CHAMBERS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENT AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. MOTIONS a. Discuss and take possible action on an economic development agreement for 700 W. Texas. City Manager Leiper stated that there was a discussion item with Chris Presley regarding the possible final development of a commercial tract at the corner of 700 West Texas. City Manager Leiper stated that the 380 agreement being proposed is different than any of the other 380 agreements with respects to the others being for specific development with specific performance measures. City Manager Leiper stated that Mr. Presley would put up a cash bond with the City of $40,000 for the value of the land, and if the property is not dried in a period of time or if he does not meet that requirement, then the city would keep the $40,000 which would go towards his balloon payment toward the end. City Manager Leiper stated that upon the building being dried in, a certificate of completion is received for a shell building and at that point Mr. Presley wants a grant City Council Special Meeting Minutes November 19, 2012 Page 14 of 18 from the City of $40,000 of a five (5) year forgivable loan to offset the cost to build the building, with the performance measures being based on the fact that the building is there. City Manager Leiper stated that he's not comfortable with having that agreement without specific performance measures because of the potential of having another vacant building on Texas Avenue. Mayor DonCarlos stated that he could support the recommendation of allowing Mr. Presley to receive $20,000 of the $40,000 upon the completion of the shell, the other $20,000 upon producing that 51 % of the building is leased for a minimum of two (2) years. City Manager Leiper requested an estimate of the shell or some construction perimeters from Mr. Presley to add to the agreement and that he would prefer to bring Council a 380 agreement that is contingent upon funding by the MDD then to be submitted to the MDD Board for consideration. 11. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Council Member Hoskins requested that consent agenda item II.g. be pulled for discussion. A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member David McCartney approving agenda items l l.a. -1 I.f. 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, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Approved a. Consider amending Ordinance No. 11,587 to prescribe the number of positions in the classification "Service Group - Police." ORDINANCE NO. 12,115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 11,587 PRESCRIBING THE NUMBER OF POSITIONS IN THE City Council Special Meeting Minutes November 19, 2012 Page 15 of 18 CLASSIFICATION "SERVICE GROUP — POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION AND TO INCLUDE THE POSITIONS CREATED IN THE FY2012 -13 BUDGET; PROVIDING REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance prescribing the number of positions in the classification "Service Group - Fire." ORDINANCE NO. 12,116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the acceptance and renewal of the Annual Crack Seal Project. ORDINANCE NO. 12,117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2012 ANNUAL CRACK SEAL PROGRAM PROJECT; RENEWING THE ANNUAL CRACK SEAL PROGRAM PROJECT WITH SCR CONSTRUCTION COMPANY, INC., FOR 2013; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($522,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's four (4) waste water treatment plants. ORDINANCE NO. 12,118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED THIRTY -FIVE AND 20 /100 DOLLARS ($114,535.20) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE City Council Special Meeting Minutes November 19, 2012 Page 16 of 18 CITY'S FOUR WASTEWATER TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Concrete Work Contract to Teamwork Construction Services, Inc. ORDINANCE NO. 12,119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM 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. f. Consider an ordinance authorizing renewal of the Annual Cationic Polymer Supply Contract to BASF Corporation. ORDINANCE NO. 12,120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BASF CORPORATION FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -FIVE THOUSAND TWO HUNDRED NINETY -NINE AND 96/100 DOLLARS ($65,299.96); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a construction contract with Angel Brothers for the North Main/I -10 Utility Project - Phase 1. ORDINANCE NO. 12,121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE NORTH MAIN/I -10 UTILITY PROJECT — PHASE 1; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SEVEN HUNDRED FIFTY -THREE THOUSAND FOUR HUNDRED SEVENTY- EIGHT AND NO /100 DOLLARS ($753,478.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 19, 2012 Page 17 of 18 Council Member Hoskins stated that he has problems with the use of this contractor being that they have unresolved damages to the streets in Pinehurst. City Manager Leiper stated that staff tried to resolve the issue and that there has been very good experience with Angel Brothers coming back and doing work. He stated that the City engineer staff met with the residents in Pinehurst and staff feels that Angel Brothers has been responsive on the items that needed to be replaced. Mayor Pro Tem Sheley inquired if this item could be tabled until further discussion with the contractor. City Manager Leiper stated that this contract is time sensitive as utilities need to be put in before the County starts working on North Main. Mayor DonCarlos asked City Manager Leiper to address the concerns from the residents of Pinehurst referencing the perception of them not being responsive to repair damages done to their streets. City Manager Leiper stated that staff would take another look at the concerns. A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member Mercedes Renteria III approving consent agenda item l l.g. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: Council Member Robert C. Hoskins Approved 12. MANAGER'S REPORT a. Present the results of the City of Baytown United Way Campaign 2012. Assistant to the City Manager, Nick Woolery presented to Council the results of the City of Baytown's United Way Campaign for 2012. He stated that from 2011 to 2012 there was a 39 % increase of employee pledges and a 27% increase (to -date) of the total campaign fund amount contributed. b. The Annual Baytown Christmas Parade is scheduled to start at 6:30 P.M., Thursday, December 06, 2012, at Market Street in front of Bicentennial Park. City Manager Leiper presented the agenda item and stated that the Christmas parade would be on Thursday, December 06, 2012, at 6:30 P.M. He stated that the parade route streets would close at 5:00 P.M., and the parade line -up would begin at 5:30 P.M. City Council Special Meeting Minutes November 19, 2012 Page 18 of 18 He requested that Council Members meet at 6:00 P.M. to receive a ride on the float for the parade. C. The 46th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 07, 2012, at 7:00 P.M. City Manager Leiper presented the agenda item and stated the 46th Annual Art Exhibition would be on Friday, December 07, 2012, at the Baytown Community Center, with the reception to begin at 7:00 P.M., and the Artwork would be on display from November 30th through December 9th. Additionally, City Manager Leiper stated that on December 07, 2012, Share Your Christmas Food Drive would be at Wa1Mart from 6:00 A.M. to 6:00 P.M. 13. ADJOURN A motion was made by Council Member Terry Sain, and seconded by Council Member David McCartney adjourning the November 19, 2012, City Council Special 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 III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the November 19, 2012, City Council Special Meeting at 8:19 P.M.