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2013 01 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 10, 2013, at 6:35 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 Karen Horner Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the January 10, 2013, City Council Regular Meeting with a quorum present at 6:35 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor Pro Tern Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on December 13, 2012. Mr. Alan Hudgins requested to speak before Council regarding agenda item La. Mayor DonCarlos requested that a copy of the guidelines for citizens' communication be submitted to all Council Members. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C. Hoskins approving the December 13, 2012, City Council Regular Meeting Minutes. The vote was as follows: City Council Regular Meeting Minutes January 10, 2013 Page 2 of 21 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 1II, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Aaron Hughes requested to address Council regarding textile recycling in Baytown. Mr. Hughes was not present. b. Mr. Thomas Bordelon requested to address Council regarding issues with a property at 1719 Kilgore Road and to discuss a fence around City property at East James and Bayou Drive. Mr. Thomas Bordelon stated that he's a resident at 1720 Kilgore Road. Mr. Bordelon stated that the house at 1719 Kilgore Road needs to be demolished and that the wood fence around the pump house located at Bayou Drive and East James Avenue obstructs view for those approaching the stop sign near the corner. City Manager Leiper stated that the health department visited the location on December 10, 2012 and at that time there was one broken window and door, which were addressed to make the home secure. He stated that there's a house in the back that's being recommended for demolition and Chase Bank, the owner of the property has been contacted. Additionally, regarding the fence concern, City Manager Leiper stated that because the fence was funded with federal funds, it must go through federal guidelines in order to get switched out. C. Present a proclamation designating January as Human Trafficking Awareness Month. Mayor DonCarlos presented to Cheryl McClarity a proclamation designating January as Human Trafficking Awareness Month. 3. REZONING OF FIRST CHRISTIAN CHURCH a. Conduct a public hearing to rezone approximately 10.4 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District for commercial development, located on the southwest corner of Archer Road and North Main Street in Harris County, Texas. City Council Regular Meeting Minutes January 10, 2013 Page 3 of 21 At 6:58 P.M., Mayor DonCarlos opened and conducted a public hearing to rezone approximately 10.4 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District for commercial development, located on the southwest corner of Archer Road and North Main Street in Harris County, Texas. City Manager Leiper stated that this is an application to rezone approximately 10.4 acres of land from NC to MU to construct a church and a commercial development at the southwest corner of North Main Street and Archer Road. He stated that the Planning and Zoning report shows that the proposal meets the six requirements of rezoning in the code and that the adjacent properties on North Main Street are already predominately commercial. City Manager Leiper stated that in order to be compliant with the Future Land Use Map, an amendment from Residential to Commercial would need to be completed prior to approval of this request. Additionally, he stated that this was presented to Planning and Zoning on December 20, 2012, and they voted to recommend approval. Rick Harris, Thomas Bordelon, G. Bowen, Bob Brooks, and D. Swain all registered to speak before the public hearing regarding agenda item 3.a. G. Bowen, Bob Brooks, and D. Swain rendered their time to Rick Harris. Rick Harris, Chair Elect for First Christian Church, stated that as the owners (First Christian Church) of the 10.4 acres, they are requesting to rezone the property from NC to MU to build a new church. At 7:02 P.M., Mayor DonCarlos closed the public hearing. b. Conduct a public hearing regarding amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 10.4 acres of land, generally located at the southwest corner of Archer Road and North Main Street, in Harris County Texas. At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing regarding amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 10.4 acres of land, generally located at the southwest corner of Archer Road and North Main Street, in Harris County Texas. City Manager Leiper stated that this agenda item is for the same reasons as agenda item 3.a. and the Planning and Zoning recommendation is the same. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:03 P.M. C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 10.4 acres of land, generally located at the southwest corner of Archer Road and N. Main Street, in Harris County Texas. City Council Regular Meeting Minutes January 10, 2013 Page 4 of 21 A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,144, the amendment to update the future land use map regarding approximately 10.4 acres of land, generally located at the southwest corner of Archer Road and N. Main Street, in Harris County Texas. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rezoning approximately 10.4 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District for commercial development, located on the southwest corner of Archer Road and North Main Street in Harris County, Texas. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,145. This item required six votes and each Council Member agreed by raising their right hand. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING APPROXIMATELY 10.4 City Council Regular Meeting Minutes January 10, 2013 Page 5 of 21 ACRES LOCATED ON THE SOUTHWEST CORNER OF ARCHER ROAD AND NORTH MAIN STREET IN HARRIS COUNTY, TEXAS, FROM A NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT TO A MIXED USE (MU) 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. 4. AMENDMENTS TO CHAPTER 130 - ZONING a. Conduct a public hearing regarding amendments to Chapter 130 and the Unified Land Development Code to allow accessory structures to be constructed prior to the primary structure with an approved special use permit. At 7:04 P.M, Mayor DonCarlos opened and conducted a public hearing regarding amendments to Chapter 130 and the Unified Land Development Code to allow accessory structures to be constructed prior to the primary structure with an approved special use permit. City Manager Leiper stated that this is an amendment to Chapter 130 Zoning, Baytown Code of Ordinances and to Article Two, Division 3, of the Baytown Unified Land Development Code, "Land Use Tables and Conditions," adding a provision to allow accessory structures to be constructed prior to the primary use with an approved special use permit. City Manager Leiper stated the current code does not allow a residential accessory use, such as a garage, to exist on a lot without the primary residential use. He stated that the proposed amendment would allow a property owner to seek a special use permit to construct a residential accessory use on a lot prior to a primary structure and that the request for such special use permit would be reviewed on a case -by -case basis to determine if circumstances exist that warrant the issuance of a special use permit. City Manager Leiper stated that the Planning and Zoning Commission would review each request and make a recommendation to City Council who could approve the special use permit. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:06 P.M. b. Consider an ordinance amending Chapter 130 of the Code of Ordinances and the Unified Land Development Code to allow accessory structures to be constructed prior to the primary structure with an approved special use permit. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,146. This item required six votes and each Council Member agreed by raising their right hand. The vote was as follows: City Council Regular Meeting Minutes January 10, 2013 Page 6 of 21 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 130 -574 "CERTAIN TYPICAL ACCESSORY USES," TO ALLOW CERTAIN TYPICAL ACCESSORY USES TO EXIST ON PROPERTIES WHEN THERE IS NO PRIMARY USE; AMENDING ARTICLE TWO "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS" OF EXHIBIT A OF ORDINANCE NO. 11,866 ADOPTED BY THE CITY COUNCIL ON FEBRUARY 23, 2012, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2.095 "CERTAIN TYPICAL ACCESSORY USES" TO ALLOW CERTAIN TYPICAL ACCESSORY USES TO EXIST ON PROPERTIES WHEN THERE IS NO PRIMARY USE; 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. C. Conduct a public hearing regarding amendments to Section 130- 572 "Supplementary use standards" of the Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code, "Land use tables and conditions" to allow residential units on the first floor in the Arts, Cultural, and Entertainment (ACE) District with conditions. At 7:07 P.M., Mayor DonCarlos opened and conducted a public hearing regarding amendments to Section 130 -572 "Supplementary use standards" of the Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code, "Land use tables and conditions" to allow residential units on the first floor in the Arts, Cultural, and Entertainment (ACE) District with conditions. City Manager Leiper stated that this is a public hearing regarding an amendment to Chapter 130 (Zoning), Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code (ULDC) to permit residential dwelling City Council Regular Meeting Minutes January 10, 2013 Page 7 of 21 units on the first floor of mixed use buildings provided certain conditions are met in the ACE zoning district such as follows: • if on the first floor, the residential dwelling unit(s) do not have doors that open onto the primary street; and • an equal or greater percentage of the building frontage on the primary street is devoted to use(s) other than residential dwelling unit(s) on the first floor; and • the building is a remodel and not new construction; or • the residential unit is above the ground floor where the unit has frontage on a primary street. City Manager Leiper stated that this was recommended for approval by Planning and Zoning on December 20, 2012. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:10 P.M. d. Consider an ordinance amending Section 130 -572 "Supplementary use standards" of the Baytown Code of Ordinances and Article Two, Division 3 of the Baytown Unified Land Development Code, "Land use tables and conditions" to allow residential units on the first floor in the Arts, Cultural, and Entertainment (ACE) District with conditions. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 12,147. This item required six votes and each Council Member agreed by raising their right hand. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES," SECTION 130 -572 "SUPPLEMENTARY USE STANDARDS," SUBDIVISION 16 "MIXED -USE BUILDINGS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW RESIDENTIAL DWELLING UNITS ON THE FIRST FLOOR OF A MIXED USE DEVELOPMENT IN THE ACE DISTRICT IF CERTAIN City Council Regular Meeting Minutes January 10, 2013 Page 8 of 21 CONDITIONS ARE SATISFIED; AMENDING ARTICLE TWO "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS" SUBSECTION A "NON- RESIDENTIAL CATEGORIES," SUB - SUBSECTION (44) "DWELLING UNIT" OF EXHIBIT A OF ORDINANCE NO. 11,866 ADOPTED BY THE CITY COUNCIL ON FEBRUARY 23, 2012, TO ALLOW RESIDENTIAL DWELLING UNITS ON THE FIRST FLOOR OF A MIXED USE DEVELOPMENT IN THE ACE DISTRICT IF CERTAIN CONDITIONS ARE SATISFIED; AMENDING ARTICLE FOUR "DEFINITIONS" OF EXHIBIT A OF ORDINANCE NO. 1 1,866 ADOPTED BY THE CITY COUNCIL ON FEBRUARY 23, 2012, TO ADD DEFINITIONS FOR "LIVE- WORK" AND "MIXED -USE BUILDING "; 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. KIWI GOLF ECONOMIC DEVELOPMENT City Manager Leiper requested that Ms. Judy DuBose present Council with information regarding KIWI GOLF that was already presented to the MDD. He recommended that agenda items 5.a. and 5.b. be considered together as they are both in reference to KIWI GOLF with agenda item 5.a. being the Interlocal Agreement that funds the development and agenda item 5.b. being the actual 380 Agreement. Ms. DuBose stated that KIWI GOLF is currently making golf tees in Mainland China. She stated that they are in the process of negotiating lease agreements for their warehouse to be able to bring jobs, as well as, their headquarters to Baytown with future plans of expanding as needed based on the increasing demand for its products. Ms. DuBose stated that the plans call for breaking ground on the new building during quarter four of the year 2013. She stated that the company has 29 products, so they will sell golf tees, as well as, other items. Ms. DuBose stated that Glenn Bowen, President, David Swain, Vice President of Operations, Bob Brooks, Vice President of Sales, other employees, as well as she, would all live in Baytown. She stated that they have an outreach plan that includes helping to support the community schools and golf teams, as well as, getting the youth interested in playing golf. a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding economic development grants and an economic development loan with Kiwi Golf. b. Consider an ordinance authorizing the City of Baytown/KIWI Golf LLC Chapter 380 Economic Development Agreement. City Council Regular Meeting Minutes January 10, 2013 Page 9 of 21 City Manager presented the agenda item and stated that Ordinance No. 12,148 authorizes an interlocal agreement with the Baytown Municipal Development District (the "MDD ") for funding economic development grants and an economic development loan with KIWI Golf LLC ( "KGL "). He stated that the City will administer the proposed grant with KIWI Golf based upon the following performance measures to be satisfied on or before March 15, 2013: a one -year lease for warehouse space within the District's territory with a one -year renewal option; at least two (2) Jobs at the warehouse space; and at least $100,000 of inventory at the warehouse location. City Manager Leiper stated that this is one out of a possible six grants proposed for this economic development project and the other grants are to be funded in future fiscal years if funds are appropriated by the MDD based upon the following: • 2013 -14 $40,000 KGL must (i) attain 50% completion of its headquarters within the City limits by January 31, 2014, and (ii) create at least ten (10) additional Jobs by September 30, 2014. • 2014 -15 $40,000 KGL must attain 100% completion of its headquarters within the City limits by October 15, 2014. 0 2015 -16 $40,000 KGL must (i) commence production of golf tees within the City limits by October 15, 2015, and (ii) create at least fifteen (15) additional Jobs by October 15, 2015. • 2016 -17 $40,000 KGL must create at least fifteen (15) additional Jobs by October 15, 2016. • 2017 -18 $40,000 KGL must create at least at least ten (10) additional Jobs by September 30, 2017. City Manager Leiper stated that the agreement not only authorizes $40,000 in MDD funding for the proposed grant for fiscal year 2012 -13, but also authorizes $150,000 in MDD funding for the proposed 5 -year loan to be repaid by KGL at an interest rate of 4% per annum and will be collateralized by inventory and/or other real or personal property of KGL. He stated that the grants and the loan will be funded by the Baytown Municipal Development District (the "MDD ") provided certain performance measures are met. Additionally, City Manager Leiper stated that the property will be subject to a 10 -year right of reversion to ensure that KGL continues its operations within the City. A motion was made by Council Member David McCartney and seconded by Council Member Scott Sheley approving Ordinance No. 12,148. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes January 10, 2013 Page 10 of 21 ORDINANCE NO. 12,148 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING ECONOMIC DEVELOPMENT GRANTS AND AN ECONOMIC DEVELOPMENT LOAN WITH KIWI GOLF LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,149 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH KIWI GOLF LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract with R +B Group, Inc., for the West Main Lift Station Reconstruction Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,150 awards a construction contract for the West Main Lift Station Reconstruction Project with R +B Group, Inc., in the amount of $1,029,920. He stated that the scope of work for this project includes the construction of a new sanitary sewer lift station, including wet well, submersible pumps, piping, valves, hatches, vent stack, reinforced concrete header piping slab, ground water control and all required appurtenances to make the lift station completely operational. City Manager Leiper stated that three bids were received and publicly opened on December 06, 2012, at 2:00 P.M. in the Council Chamber. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No.12,150. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David City Council Regular Meeting Minutes January 10, 2013 Page l 1 of 21 McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH R +B GROUP, INC., FOR THE WEST MAIN LIFT STATION RECONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED ONE MILLION TWENTY -NINE THOUSAND NINE HUNDRED TWENTY AND NO 1100 DOLLARS ($1,029,920.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,0001) outside the corporate limits; to prohibit noises above established level; to prescribe the equipment and methods to be used to measure sound; and to exempt certain noises emanating from certain activities. This item continues consideration of ordinance revisions from the December 13th meeting and the work session immediately prior to this meeting. Ordinance No. 12,151 amends Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000') outside the corporate limits; to prohibit noises above established level; to prescribe the equipment and methods to be used to measure sound; and to exempt certain noises emanating from certain activities. City Manager Leiper stated that the requested change was to establish a decibel level no lower than (40 dB (A)) at the baseline with a maximum dB (A) level of the impulse of 75 during the hours of 7:00 A.M. and 9:00 P.M. and 65 dB (A) during all other times. He stated that everything else in the ordinance remains the same as it was presented back in December. Alan Hudgins and Larry Gordon both registered to speak before Council regarding agenda item 6.b. City Council Regular Meeting Minutes January 10, 2013 Page 12 of 21 Mr. Hudgins inquired if there was an expert independent noise consultant used to create and approve this ordinance and stated concerns regarding the decibel level and the enforcement of this ordinance. City Manager Leiper stated that the ordinance was developed by city staff with input from others. Mr. Gordon, 2000 Tri City Beach Road -KOA Camp Ground, inquired as to the area defining this ordinance and if there was a way for them to relate to the decibel level from their current location as well as their projected location on Cedar Bayou, which is approximately a mile closer to a facility that produces loud noises, particular at night. Mayor DonCarlos responded and stated that the ordinance is for the entire city and that currently there's no way to determine the decibel level, but once the City receives the equipment to do so, than the city would be able to establish a baseline dB (A) for the area of concern. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance 12,151 with the revised section 34 -363. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE VII "NOISE," DIVISION 1 "GENERALLY," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE PROHIBITIONS REGARDING UNREASONABLE NOISE TO THE AREA FIVE THOUSAND FEET (5,000') OUTSIDE THE CORPORATE LIMITS, TO ESTABLISH AN IMPULSE NOISE FIFTEEN (15) DECIBELS ABOVE A BASELINE NOISE IS PRIMA FACIE EVIDENCE THAT THE NOISE IS A NUISANCE; TO PRESCRIBE THE EQUIPMENT AND METHODS TO BE USED TO MEASURE SOUND; AND TO EXEMPT CERTAIN NOISES EMANATING FROM CERTAIN ACTIVITIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2013 Page 13 of 21 7. PROPOSED RESOLUTIONS a. Consider a resolution approving the 2013 City of Baytown State and Federal Legislative Priorities. City Manager Leiper presented the agenda item and stated that Nick Woolery would present the State and Federal Priorities. He also stated that City officials would meet with State officials in Austin in February and with Federal officials in Washington D.C. in March. Mr. Woolery stated that the legislative priorities highlight the areas of most importance and once adopted are distributed to the State and Federal elected officials, as well as, Baytown's State lobbyist, Randy Cain, and Federal lobbyist, Alcalde and Fay, to consider during the State Legislative Session and the Congressional Session. He stated that the State Legislature which meets every two years will run from Tuesday, January 08, through Monday, May 27, 2013 and the Federal Congress which meets every year convened on Thursday, January 03, 2013. Mr. Woolery stated that in the past the City had three representatives, but due to redistricting now only has one which is Congressman Steve Stockman from District 36. Mr. Woolery stated that the City's partnership with TML is important because TML lobbies on behalf of all cities and spends the majority of their time killing bills that are bad for cities. Mr. Woolery stated that the changes from the 2011 Priorities were: the removing of the surface transportation program which was reauthorized through 2014 and the National Flood Insurance Program which was reauthorized through 2017. He stated that the fire grants (AFG and SAFER) were reauthorized through year 2017. Additionally, he stated that the earmarks (Congressionally Directed Spending) are pretty much gone. Mr. Woolery stated that some of the 2013 priorities are: workforce development, continuation of grant programs, unfunded mandates, local authority, and street maintenance sales tax. Resolution No. 2220 adopts the City of Baytown 2013 State and Federal Legislative Priorities. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2220. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes January 10, 2013 Page 14 of 21 RESOLUTION NO. 2220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE AGENDA FOR THE 2013 STATE AND FEDERAL LEGISLATIVE SESSIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution urging the Sunset Advisory Commission and the Legislature to continue to allow the current appointing bodies of the Port Commission to maintain local control on decisions, including appointments, to best represent the interests of the public they serve and The Port of Houston Authority. City Manager Leiper presented the agenda item and stated that Resolution No. 2221 registers the City's support for local representation from elected and appointed officials residing in the taxing entities, and for appointment of Authority Commissioners through the impacted local county and municipal entities. Resolution No. 2221 urges the Sunset Advisory Commission and the Legislature to continue to allow the current appointing bodies of the Port Commission to maintain local control in decisions, including appointments, to best represent the interests of the public they serve and The Port of Houston Authority (the "Authority "). The current Authority Commissioners are appointed as follows: • two by Harris County; • two by the City of Houston; • one by the Harris County Mayors' and Councils' Association; and • one by the City of Pasadena. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2221. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes January 10, 2013 Page 15 of 21 RESOLUTION NO. 2221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, URGING THE 2012 SUNSET ADVISORY COMMISSION AND THE LEGISLATURE TO CONTINUE TO ALLOW THE CURRENT APPOINTING BODIES OF THE PORT COMMISSION TO MAINTAIN LOCAL CONTROL IN DECISIONS, INCLUDING APPOINTMENTS, TO BEST REPRESENT THE INTERESTS OF THE PUBLIC THEY SERVE AND THE PORT OF HOUSTON AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. 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. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 8.a through 81. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved a. Consider an ordinance authorizing the closeout and acceptance of the North Main /I -10 Utility Project -Phase 2, and the release of retainage and final payment to E.P. Brady, LTD. ORDINANCE NO. 12,152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NORTH MAIN /I -10 UTILITY PROJECT -- PHASE 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO HUNDRED SIXTY -EIGHT THOUSAND ONE HUNDRED TWENTY -FIVE AND 69/100 DOLLARS ($268,125.69) TO E.P. BRADY, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2013 Page 16 of 21 b. Consider an ordinance accepting the 2012 Annual Sanitary Sewer Rehabilitation Project and renewing the contract with PM Construction & Rehab, L.P., for an additional year. ORDINANCE NO. 12,153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2012 ANNUAL SANITARY SEWER REHABILITATION PROJECT; RENEWING THE ANNUAL SANITARY SEWER REHABILITATION PROJECT WITH PM CONSTRUCTION & REHAB, L.P., FOR 2013; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO 1100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Termination of the Strategic Partnership Agreement with Lake Municipal Utility District. ORDINANCE NO. 12,154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE TERMINATION OF THE STRATEGIC PARTNERSHIP AGREEMENT WITH LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the Third Amendment to the Professional Services Agreement with Malcolm Pirnie, Inc., for services associated with the Central District Waste Water Treatment Plant Project as requested by the Texas General Land Office. ORDINANCE NO. 12,155 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 THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR ADDITIONAL DESIGN PHASE SERVICES TO ADDRESS ALL COMMENTS AND REVISIONS TO THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROJECT AS REQUESTED BY THE TEXAS GOVERNMENT LAND OFFICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY -SEVEN THOUSAND SEVEN HUNDRED AND NO /100 City Council Regular Meeting Minutes January 10, 2013 Page 17 of 21 DOLLARS ($27,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding a construction contract with General Contractor Services, Inc., through the USA General Services Administration (GSA), for Hydro -Stop Roofing Projects at the Baytown Municipal Service Center, the City Hall Annex and Museum, the Sterling Municipal Library, and the City's Utility Billing Office. ORDINANCE NO. 12,156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHT HUNDRED FORTY -FIVE THOUSAND THREE HUNDRED NINETY AND NO/ 100 DOLLARS ($845,390.00) TO GENERAL CONTRACTOR SERVICES, INC., THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR HYDRO -STOP ROOFING PROJECTS AT THE BAYTOWN MUNICIPAL SERVICE CENTER, THE CITY HALL ANNEX AND MUSEUM, THE STERLING MUNICIPAL LIBRARY, AND THE UTILITY BILLING OFFICE; AUTHORIZING A CONTINGENCY ALLOWANCE IN THE AMOUNT OF FORTY THOUSAND AND NO 1100 DOLLARS ($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding the Hutto Lift Station Upgrade Project. ORDINANCE NO. 12,157 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING THE HUTTO LIFT STATION UPGRADE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an interlocal cooperation contract with the Texas Department of Public Safety regarding the denial of a driver's license renewal for failure to appear in the Baytown Municipal Court, or for failure to pay certain fines and costs. City Council Regular Meeting Minutes January 10, 2013 Page t8 of 2t ORDINANCE NO. 12,158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY REGARDING THE DENIAL OF A DRIVER'S LICENSE RENEWAL FOR FAILURE TO APPEAR IN THE BAYTOWN MUNICIPAL COURT OR FOR FAILURE TO PAY CERTAIN FINES AND COSTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance amending Section 2 -617 of the Code of Ordinances, Baytown, Texas, to impose an administrative fee on complaints reported to the Texas Department of Public Safety for denial of a driver's license renewal. ORDINANCE NO. 12,159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING CHAPTER 2 ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2 "ADMINISTRATIVE FEES AND CHARGES," SECTION 2 -617 "MUNICIPAL COURT COSTS - BUILDING SECURITY FEE AND JUVENILE CASE MANAGER FEE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME SUCH SECTION AS SECTION 2 -617 MUNICIPAL COURT FEES" TO ESTABLISH AN ADMINISTRATIVE FEE TO BE IMPOSED ON COMPLAINTS REPORTED TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR DENIAL OF A DRIVER'S LICENSE RENEWAL FOR A FAILURE TO APPEAR OR FOR A FAILURE TO SATISFY A JUDGMENT ORDERING PAYMENT OF A FINE AND COSTS IN MUNICIPAL COURT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing a Cooperative Purchasing Agreement with Greenville Electric Utility System. ORDINANCE NO. 12,160 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 COOPERATIVE PURCHASING AGREEMENT WITH THE GREENVILLE ELECTRIC UTILITIES SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2013 Page 19 of 21 j. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 12,161 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2013 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -FOUR THOUSAND SIX HUNDRED FORTY AND NO /100 DOLLARS ($154,640.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing advance funding for construction costs related to budgeted projects to be funded by future Certificates of Obligation. RESOLUTION NO. 2222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Consider the confirming of one (1) City Manager's appointment to the Civil Service Commission. City Manager Leiper presented the agenda item to consider confirming Mr. Dennis G. Araujo as his appointment to the Civil Service Commission. If appointed, Mr. Araujo would serve full term which expires on December 31, 2015. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving the appointment of Mr. Dennis G. Araujo to the Civil Service Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None City Council Regular Meeting Minutes January 10, 2013 Page 20 of 21 Approved b. Consider five (5) appointments to the Sign Committee. City Manager Leiper presented the agenda item to consider the reappointments of Chet Theiss, Real Estate Appraiser, Steve Starett, Real Estate Appraiser, and Al Busch, Architect to the Sign Committee. Mr. Theiss, Mr. Starett, and Mr. Busch are all eligible for reappointment and desire to serve another two year term beginning December 01, 2012, and ending November 30, 2014. City Manager Leiper stated that there is one vacancy on this Board, for a representative of the sign business community. Additionally, he stated that Mr. Quincy Allen, the TxDOT appointment, would not be able to serve another term, however he would continue to serve until a replacement for his position is appointed. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving the reappointments of Mr. Theiss, Mr. Starett, and Mr. Busch to the Sign Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved C. Consider six (6) appointments to the Community Development Advisory Committee (CDAC). City Manager Leiper presented the agenda item to consider Norman Barnett, Randy Casey, Terry Presley, and Mary Flores to the Community Development Advisory Committee (CDAC). Mr. Barnett, Mr. Casey, Mr. Presley and Ms. Flores terms expired on December 31, 2012 and they desire to be reappointed. Once appointed, the board member terms would commence immediately and expire on December 31, 2014. Additionally there are two (2) vacancies on the board: a youth member, which must be between the ages of 14 -18 and reside within the city limits of Baytown, and an At -Large position at which the At -Large vacancy should be filled by a Hispanic member A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving the reappointments of Mr. Barnett, Mr. Casey, Mr. Presley, and Ms. Flores to the Community Development Advisory Committee. The vote was as follows: City Council Regular Meeting Minutes January 10, 2013 Page 21 of 21 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved Ill) aEVFAX"N 141.311 bI11l7;tl a. City Offices will be closed on Monday, January 21, 2013 in observance of the Martin Luther King, Jr. holiday. City Manager Leiper stated that the City Offices will be closed on Monday, January 21, 2013, in observance of the Martin Luther King, Jr. holiday. He stated that there's an election for the residents living in the south and west portions of Baytown for the position of the Texas Senate District 6. Council Member Sheley stated that the Youth Advisory Commission has its first meeting on January 22, 2013, and on January 24, 2013 they will be introduced to City Council. 11. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III adjourning the January 10, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C, Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Mayor Pro Tent Terry Sain, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the January 10, 2013, City Council Regular Meeting at 7:48 P.M.