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2013 01 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 24, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 24, 2013, 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 Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the January 24, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. MINUTES a. Consider approving the City Council Work Session and City Council Regular minutes for the meeting held on January 10, 2013. Alan Hudgins registered to speak before Council regarding agenda item La. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving the minutes of the January 10, 2013, City Council Work Session and 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, Mayor Pro Tern Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes January 24, 2013 Page 2 of 20 Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Michelle Phillips requested to address Council to thank Council and donors for their support of Crusin' Texas Toy Drive and to give recognition to the Parks and Recreation Department for their outstanding job. Ms. Phillips was not present. b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item to recognize City of Baytown employees_ for their years of service (5, 10, 15 plus years). 5 Years: Belinda McDowell - Morris, Environmental Health Specialist II Bill Vola, Emergency Management Coordinator 10 Years: Janie Garza, Police, Investigative Analyst 15 Years: Eleazar Arellano, Parks & Recreation Crewleader 20 Years: Carol Flynt, Human Resources & Civil Service Director 25 Years: Myron Hellman, Patrol Office C. Recognize the participants of City of Baytown Leadership Development Program, Class of 2012. Matt Hartleib presented the agenda item and stated that the Baytown Leadership Development Program was designed to enhance the leadership skills of employees and build stronger interdepartmental relationships and efficiencies. Mr. Hartleib stated that participants experienced a blend of interactive seminars tailored to the local government setting and application sessions specific to City of Baytown issues and opportunities. He stated that the 2012 class developed the recommendation for Employee Connection, our new employee newsletter, and provided content for subsequent editions. City Council Regular Meeting Minutes January 24, 2013 Page 3 of 20 The Baytown Leadership Development Program 2012 Class members were: • Derrick Gaskin — Fire • Eric Freed — Police • Jason Cozza — City Clerk's Office • Karen Jones — Municipal Court • Lesley Kholes — Library • Levi Masterson — ITS • Marti Lechner — Health • Meghan Reed — Finance • Nick Woolery — City Manager's Office • Ronald Roberts — Fire • Steve Dorris — Police • Tony Gray — Health • Yusuf Langelier — Public Works • Scott Williams — Planning & Development • Ray Pheris — Communications d. Present the Youth Advisory Commission Members for FY 2012 -13. Council Member Sheley presented the Youth Advisory Commission (YAC) Members for FY 2012 -13 and Mayor DonCarlos presented the members with the Oath of Office. 3. REPORTS a. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2012. City Manager Leiper presented the agenda item and stated that the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the year ending September 30, 2012, was being presented in accordance with Article 11, Section 31 of the Charter. Lauren Doughty, a representative from Belt Harris and Pechacek, LLLP, a public accounting firm who conducted the independent audit, stated that they issued a clean unqualified opinion which is the highest level of assurance that they provide. She stated that the City's total asset was $508 million; the total liability was $231 million leaving a net asset of approximately $276 million. b. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2012. Louise Richman, Finance Director, presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending December 31, 2012, and stated that the Finance sub- committee met on January 22, 2013, for a detailed review and analysis of these reports. She stated that the expenditures are on budget, the sales tax revenues are strong, the IDA revenues are higher than budgeted, the property tax collections are at 34% for the first quarter, and City Council Regular Meeting Minutes January 24, 2013 Page 4 of 20 investment returns are improving. Ms. Richman stated that the investment total for the end of the first quarter was right at $137 million and that the debt issuance would be in the spring of 2013. 4. MOBILITY PLAN a. Conduct a public hearing regarding the Baytown Mobility Plan. At 7:16 P.M., Mayor DonCarlos opened and conducted the public hearing regarding the Baytown Mobility Plan. City Manager Leiper stated that the Baytown Mobility Plan is a comprehensive and multi -modal plan to capture the City's goals as expressed in the 2007 Comprehensive Plan and 2008 Vision Statement, updated by stakeholder meetings in 2011. He stated that the result is a technical document containing a set of actionable infrastructure improvement projects, funding strategies and mechanisms, and mobility policies, plans and maps to help mold the City's future. City Manager Leiper stated that in the past the thoroughfare plan was used which only viewed streets, but the mobility plan provides direction regarding all aspects of mobility in Baytown including the City's major streets, sidewalks, hike and bike trails, bus routes, and even future commuter rail. Ms. Kelly Carpenter, Director of Planning and Development, stated that the Comprehensive Plan adopted by Council in 2007 called for the preparing of a detailed transportation study and thoroughfare plan to identify and prioritize specific improvements. She stated that a thoroughfare plan is usually a map of the streets that are intended to be built which gives forethought for future development and that the transportation study looks at all the issues surrounding transportation. Ms. Carpenter stated that much work went into obtaining specific data to increase eligibility for the studies being performed. Ms. Carpenter stated that there were twelve alternatives in the plan for future study and that the Planning and Zoning Commission recommended the Mobility Plan by unanimous vote which becomes part of the Comprehensive Plan. Ms. Tina Walker, a representative from URS Corporation (which prepared the plan) presented an overview of the plan. She stated that the issue of freight was not considered in the 2007 effort for the 2025 Comprehensive Plan and recommended updating the truck routing maps for the thoroughfare plan. During further discussion of the plan, Ms. Walker stated that they suggested considering having mobile development to concentrate on the commercial activity on intersections instead of a strict development and having a business park buffer for the industrial area. Ms. Walker stated that the future land use map would be considered as a separate action upon adoption of the thoroughfare plan and that the thoroughfare plan was extended to the ETJ. She stated that 2007 thoroughfare plan map had a recommendation to connect an old established neighborhood over into industrial which was removed because it would eventually cause a problem with navigation for the commercial traffic. City Council Regular Meeting Minutes January 24, 2013 Page 5 of 20 In regards to Cedar Bayou Crossing, Ms. Walker stated that more data details, additional studies, and public involvement would be needed before further recommendations could be provided. Peter Bradley, Barbara "Jeana" Lawrence, Bryan Nethery, and Alan Hudgins all registered to speak before the public hearing regarding agenda item 4.a. Mr. Bradley requested that the Cedar Bayou Crossing Alternative 2B be removed from the mobility plan before Council adopts the plan. Ms. Lawrence recommended that the City defer approval of this plan until further discussion with the impacted residents or if granting approval to remove option 2B entirely. Mr. Netherly recommended that option 2B be removed and that Council not adopt this plan and correct mistakes. Mr. Hudgins made reference to street classifications for the Thoroughfare Plan and stated that his residential street, Ferry Road, was not clearly identified. He stated that City records show that Ferry Road has two street classifications and requested that the Ferry Road section of the map be updated in agreement with City records, specifically the 2003 Traffic Study that documents the small section as a local street. Mayor DonCarlos closed the public hearing at 8:04 P.M. b. Consider an ordinance adopting the Baytown Mobility Plan. City Attorney Ignacio Ramirez stated that this item would be considered by a resolution Mayor DonCarlos stated that he had concerns with the Alternative 2B of the Thoroughfare Plan regarding homes being destroyed, which would be unacceptable. He stated that with the growth in West Chambers County and East Harris County, the Cedar Bayou Crossing should be done sooner than later. During further discussion of the different alternatives, City Manager Leiper recommended revising staffs recommendation and adopt the mobility plan with the exception of omitting this entire section and with the direction of Council to budget next year for an engineering study to be done. City Manager Leiper stated that the alternatives would not have an impact on the construction of this road whether this section is in or out of the plan. Mayor DonCarlos stated that he would ask for a provision to be put into the plan that whoever puts the plan into effect considers the impact on the existing residential property owners. He stated that he would be in favor of removing this section from the plan and having administration put an engineering study in the budget for next year to begin figuring out how to get across Cedar Bayou. During further discussion, City Manager Leiper inquired of Ms. Carpenter, if this section was excluded from the mobility study could URS provide it to the City as preliminary data alignment and be a standalone report. Ms. Carpenter stated that this could be provided as a standalone report. Mayor DonCarlos inquired if the report could contain a provision that future generations be considered. City Manager Leiper stated that it would be a staff report that would City Council Regular Meeting Minutes January 24, 2013 Page 6 of 20 be used as the basis when hiring an engineer to do a true alignment study. Additionally, Mayor DonCarlos requested that Fox Drive be considered in the plan. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Resolution No. 2223. There was no vote. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Terry Sain to approve Resolution No. 2223 with an amendment of removing the alternative section. 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 RESOLUTION NO. 2223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE BAYTOWN MOBILITY PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. JET OIL SPECIAL USE PERMIT a. Conduct the public hearing regarding a special use permit to Jet Oil Producers for heavy industrial use in accordance with Chapter 130 "Zoning" of the Baytown Code of Ordinances on approximately 3.2 acres of land located 300 feet east of State Highway 146 and 300 feet south of Farm to Market Road 565 along the east right -of -way of Shell Dock Road, being legally described as Tracts 60A -0, 60A -0 -1, 60B -0, 60B -0 -1, 60B -0 -2, and 60B- 0-3 out of the C Smith Survey, Abstract No. 22, Chambers County, Texas. At 8:25 P.M., Mayor DonCarlos opened and conducted the public hearing regarding a special use permit to Jet Oil Producers for heavy industrial use in accordance with Chapter 130 "Zoning" of the Baytown Code of Ordinances on approximately 3.2 acres of land located 300 feet east of State Highway 146 and 300 feet south of Farm to Market Road 565 along the east right -of -way of Shell Dock Road, being legally described as Tracts 60A -0, 60A -0 -1, 60B -0, 6013-0 -1, 606 -0- 2, and 60B -0 -3 out of the C Smith Survey, Abstract No. 22, Chambers County, Texas. City Manager Leiper stated that this was an application for a special use permit to allow for a heavy industrial use on property that is currently zoned as Heavy Industrial (HI). He stated that both HI zoning and a special use permit are required prior to the issuance of building permits for heavy industrial uses over two (2) acres in size. He stated that the applicant, Jet Oil Producers, is attempting to secure the special use permit in order to place an oil well and associated facilities City Council Regular Meeting Minutes January 24, 2013 Page 7 of 20 on the property. City Manager Leiper stated that the site is located southeast of the intersection of SH 146 and FM 565, adjacent to and east of the right -of -way for Shell Dock Road. He stated that the City Council approved a rezoning amendment for this property from NC and MU to MU, LI and HI on October 11, 2011 (Ordinance No. l 1,769). He stated that the city acted as applicant in the case and recommended approval on the basis that the existing industrial character along Cedar Bayou could be fostered and allowed to expand in a responsible manner by providing buffer protection to nearby residents, businesses, and the environment through the provisions in Chapter 130 "Zoning ". City Manager Leiper stated that the Commission approved a landscape variance on December 20, 2012, to reduce the required vegetative buffer along Shell Dock Road from 100 feet to 90 feet. With the approved variance, the site plan conforms to all of the requirements in Chapter 130. Philip Osterhus and Alan Hudgins registered to speak before a public hearing regarding agenda item 5.a. Mr. Osterhus, a representative from Jet Oil, stated that their plan was essentially the same as it was a year ago with exception of some adjustments made to conform with the planning and development recommendations. Mr. Hudgins inquired about the permit fees from Jet Oil to the City of Baytown. Mayor DonCarlos closed the public hearing at 8:31 P.M. b. Consider granting a special use permit to Jet Oil Producers for heavy industrial use in accordance with Chapter 130 "Zoning" of the Baytown Code of Ordinances on approximately 3.2 acres of land located 300 feet east of State Highway 146 and 300 feet south of Farm to Market Road 565 along the east right -of -way of Shell Dock Road, being legally described as Tracts 60A -0, 60A -0 -1, 60B -0, 60B -0 -1, 60B -0 -2, and 60B -0 -3 out of the C Smith Survey, Abstract No. 22, Chambers County, Texas. An inquiry was made to Ms. Carpenter regarding the application being complete along with the required fees being paid. Ms. Carpenter stated that the application, as well as, the fees was paid for this special use permit. City Manager Leiper stated that the Commission voted unanimously to approve the special use permit on January 15, 2013. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving the Special Use Permit to Jet Oil Producers. 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 I11, Mayor Pro Tern Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes January 24, 2013 Page 8 of 20 Nays: None Approved 6. CHEVRON PHILLIPS DISANNEXATION /ANNEXATION a. Consider an ordinance of the second and final reading of the disannexation of approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road. b. Consider an ordinance of the second and final reading of the annexation of approximately 101.266 acres of land located at the northeast corner of Interstate 10 and Sjolander Road. C. Consider an ordinance placing approximately 101.266 acres of land into the City of Baytown generally located at the northeast corner of Interstate 10 and Sjolander Road in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey Abstract No. 4 into Council District No. 5. City Manager Leiper presented the agenda item and requested that items 6.a., 6.b., and 6.c. be considered together. He stated that this would complete the disannexation of 217.726 acres followed by the annexation of 101.266 acres of the Chevron property and putting it in District 5. He stated that all practices, procedures, and postings were met. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,123, Ordinance No. 12,124, and Ordinance No. 12,163. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 217.726 ACRES LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER ROAD, WHICH SAID TERRITORY LIES WITHIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. City Council Regular Meeting Minutes January 24, 2013 Page 9 of 20 ORDINANCE NO. 12,124 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 101.266 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER ROAD, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 12,163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 101.266 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER ROAD IN THE GEORGE ELLIS SURVEY ABSTRACT NO. 21 AND IN THE WILLIAM BLOODGOOD SURVEY ABSTRACT NO. 4, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Agreement for Emergency Services with Harris County Emergency Services District No. 75. City Manager Leiper presented the agenda item and stated that Harris County Emergency Services District (ESD) No. 75 was authorized on November 08, 2011, by residents within the district's territory. He stated that on May 12, 2012, the residents of this area elected the District's first Board of Commissioners. He stated that under the proposed agreement, the City would provide firefighting, fire suppression, emergency medical services, emergency medical first responder and rescue within the District's boundaries; and the District would pay the City $450,000.00 per year, subject to a CPI adjustment. City Manager Leiper stated that the agreement (i) is for a three -year term; (ii) may be terminated by the City if the District fails to make the requisite payments; (iii) may be terminated by either party with six months' prior written notice; (iv) requires the City to respond to the District's territory only if personnel equipment and supplies are available to do so; and (v) mandates that run reports be furnished by the City to the District. He stated that this ESD agreement replaces the former annual contracts for fire protection that the City executed with Harris County for many years. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Terry Sain approving Ordinance No. 12,164. The vote was as follows: City Council Regular Meeting Minutes January 24, 2013 Page 10 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,164 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 FOR EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the assignment of the earnest money contract for the purchase of 315 W. Texas Avenue from Goose Creek Live -Work, LLC, to the City of Baytown. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,165 authorizes the assignment of the earnest money contract for the purchase of 315 W. Texas Avenue from Goose Creek Live -Work, LLC ( "GCLW ") to the City of Baytown. He stated that GCLW entered into an earnest money contract for improved property to acquire the bank building next door to the Brunson Theater effective January 8th. He stated that the sales price of the property was $55,000, which is below the 2012 HCAD appraised value. City Manager Leiper stated that GCLW is willing to assign the contract to the City of Baytown at no cost to the City, whereby the City would assume GCLW's obligations under the earnest money contract and refund GCLW the earnest money deposited with the title company. City Manager Leiper stated that once assigned, the City would be working with the Title Company and Prosperity Bank of Texas as the seller to close on the property. He stated that the earnest money contract provides for a 45 -day feasibility period in which the City may perform inspections studies or assessments of the property and if the City determines it no longer desires to pursue the acquisition of this property during such time, all of the earnest money shall be tendered to the City except for $100 that would be retained by the seller. He stated that the closing date would be 15 days after the expiration of the feasibility study, which would be March 08, 2013. City Manager Leiper stated that at the request of Mr. Presley, the earnest money contract provides that the property would be conveyed in an "as -is" condition of the assignment that the deed recorded restriction of no use as a bar or night club but does not restrict the use as a restaurant that serves alcohol, which the City has no problem with. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,165. The vote was as follows: City Council Regular Meeting Minutes January 24, 2013 Page 11 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,165 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ASSIGNMENT OF A COMMERCIAL CONTRACT — IMPROVED PROPERTY WITH GOOSE CREEK LIVE - WORK, LLC, FOR THE PURCHASE OF 315 W. TEXAS AVENUE, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT OF FIFTY - FIVE THOUSAND AND NO/ 100 DOLLARS ($55,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Gateway Monument Agreement with the State of Texas through the Texas Department of Transportation. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,166 authorizes a Gateway Monument Agreement with the State of Texas through the Texas Department of Transportation ( "TxDOT "). A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,166. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,166 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 GATEWAY MONUMENT AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF City Council Regular Meeting Minutes January 24, 2013 Page 12 of 20 TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance setting the date, time and place for the public hearing concerning the zoning map amendments associated with the Unified Land Development Code. City Manager Leiper presented the agenda item and stated that Ordinance No.12,167 sets the public hearing concerning the zoning map amendments associated with the Unified Land Development Code for March 14th at the City Council's regular meeting, which starts at 6:30 P.M. City Manager Leiper stated that the Planning and Zoning Commission (the "Commission ") will hold public hearings regarding the remapping of the City of Baytown at 5:00 P.M., on February 12th and February 21" and thereafter, will issue a report along with a recommendation regarding the mapping of the City with the new zoning district designations. He stated that after such report is received by the City Council, the City Council may hold a public hearing concerning the zoning map amendments. He stated that because the remapping of the City to the new zoning district designations involves all properties within the City of Baytown, notices of the public hearings of both the Commission and the City Council will be mailed to the owners of all properties within the City and Ordinance No. 12,167 sets the date of the City Council public hearing that will be included in such notices. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,167. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ZONING MAP AMENDMENTS ASSOCIATED WITH THE UNIFIED LAND DEVELOPMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 24, 2013 Page 13 of 20 8. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the publication of the notice of intent to sell Combination Tax and Revenue Certificates of Obligation, Series 2013. City Manager Leiper presented the agenda item and stated that Resolution No.2224 authorizes the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation, Series 2013 (CO) is the first step in the process allowing the City to sell this debt. The following table summarizes the projects funded by the 2013 Certificates of Obligation: Aquatics Facility Expansion $5,500,000 Sewer Rehabilitation & Emergencies $1,000,000 Lift Station Rehabilitation $1,000,000 Sanitary/Water System Rehabilitation $8,000,000 Water System Rehabilitation $1,000,000 Estimated Cost of Issuance /Underwriter's Discount $ 300,000 Total Issue $16,800,000 A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving Resolution No. 2224. 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 RESOLUTION NO. 2224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution designating the 2013 Baytown Youth Fair as a city co- sponsored event for which an off - premise sign may be placed on city property pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and assumption of liability. City Council Regular Meeting Minutes January 24, 2013 Page 14 of 20 City Manager Leiper presented the agenda item and stated that Resolution No. 2225 designates the 2013 Baytown Youth Fair as a city co- sponsored event for which an off - premise sign may be placed on city property pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and assumption of liability. He stated that this action would authorize the placement of a banner across Garth Road, Decker Drive and W. Texas Avenue commencing 14 days prior to the event and ending three days following the event. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Resolution No. 2225. 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 RESOLUTION NO. 2225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE 2013 BAYTOWN YOUTH FAIR AS A CITY CO- SPONSORED EVENT FOR WHICH OFF - PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV "OFF- PREMISES SIGNS," SECTION 118 -358 "NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND ASSUMPTION OF LIABILITY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. 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 9.a. through 9.j. The vote was as follows: City Council Regular Meeting Minutes January 24, 2013 Page 15 of 20 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 an interlocal agreement with Harris County for the purchase and installation of transit shelters. ORDINANCE NO. 12,168 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 HARRIS COUNTY FOR THE CONSTRUCTION OF TRANSIT SHELTERS; AUTHORIZING PAYMENT FOR MATERIALS AND IN-KIND LABOR BY THE CITY OF BAYTOWN IN AN AMOUNT NOT. TO EXCEED TWENTY THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($20,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding a construction contract to 3C Stonewall Constructors, LP, for the City Council Chamber Renovation Project. ORDINANCE NO. 12,169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF J C STONEWALL CONSTRUCTORS, LP, FOR THE CITY COUNCIL CHAMBER RENOVATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH J C STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE HUNDRED NINE THOUSAND AND NO 1100 DOLLARS ($309,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Professional Services Contract for the Bay Oaks Harbor Road Improvement Project with Busch, Hutchinson and Associates, Inc., d/b /a Hutchinson & Associates. ORDINANCE NO. 12,170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, City Council Regular Meeting Minutes January 24, 2013 Page 16 of 20 TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH BUSCH, HUTCHISON AND ASSOCIATES, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE BAY OAKS HARBOR ROAD IMPROVEMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY- EIGHT THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($178,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a construction contract to LEM Construction Co., Inc., for the construction of the CDBG Non - Housing Central District Wastewater Treatment Plant Off -Site Lift Station project. ORDINANCE NO. 12,171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LEM CONSTRUCTION CO., INC., FOR THE CDBG NON- HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT OFF -SITE LIFT STATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LEM CONSTRUCTION CO., INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SEVEN MILLION TWO HUNDRED FORTY -SEVEN THOUSAND FIVE HUNDRED AND N0 1100 DOLLARS ($7,247,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Roll -Off Container Services Contract to Waste Management of Texas, Inc. ORDINANCE NO. 12,172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., SUCCESSOR IN INTEREST TO CITY WASTE, INC., FOR THE ANNUAL ROLL -OFF CONTAINER SERVICES AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETY -FIVE THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($195,650.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance awarding the Annual Cement Stabilized Sand Contract to MegaSand Enterprises, Inc. City Council Regular Meeting Minutes January 24, 2013 Page 17 of 20 ORDINANCE NO. 12,173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MEGASAND ENTERPRISES, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY -FIVE AND NO /100 DOLLARS ($130,155.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the award of the Annual Demolition of Residential Structures Contract to J.T.B Services, Inc. ORDINANCE NO. 12,174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES, INC., FOR THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of a multi- mission rescue boat for the Baytown Fire and Police Departments. ORDINANCE NO. 12,175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY -FIVE THOUSAND AND NO /100 DOLLARS ($65,000.00) TO BOAT RIGHT MARINE, INC., FOR THE PURCHASE OF A MULTI- MISSION RESCUE BOAT FOR THE BAYTOWN FIRE AND POLICE DEPARTMENTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution authorizing the City to submit a continuation grant application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston - Galveston Area Council (H -GAC) to fund one full - time Victim Services Program Case Worker. City Council Regular Meeting Minutes January 24, 2013 Page 18 of 20 RESOLUTION NO. 2226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM ASSISTANCE — DIRECT SERVICES PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H- GAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND SEVEN HUNDRED THIRTY -FIVE AND NO /100 DOLLARS ($12,735.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution authorizing the City to submit a continuation grant application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston - Galveston Area Council (H -GAC) to fund one full - time Victim Services Program Coordinator /Case Manager. RESOLUTION NO. 2227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM ASSISTANCE — DIRECT SERVICES PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H -GAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND NINE HUNDRED TWO AND NO/ 100 DOLLARS ($18,902.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. APPOINTMENTS a. Consider four (4) appointments to the Baytown Library Board. City Manager Leiper presented the agenda item to consider the re- appointments of Gary Englert and Linda Cotter and the appointments of Lori Janick and Holly Takach to the Baytown Library Board. City Manager Leiper stated that currently Donna Mohlman, Gary Englert, Tavita Lopez, and Linda Cottar terms are set to expire on February 28, 2013, and Mr. Englert and Ms. Cottar are eligible to serve another two (2) year term and desire reappointment. If (re)appointed they City Council Regular Meeting Minutes January 24, 2013 Page 19 of 20 will each serve a term commencing on March 01, 2013 and expiring on February 28, 2015. Ms. Donna Mohlman and Ms. Tavita Lopez do not desire reappointment. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving the reappointments of Gary Englert and Linda Cottar and the appointments of Lori .lanick and Holly Takach to the Baytown Library Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria I11, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved b. Consider one (1) appointment on the Community Development Advisory Committee. City Manager Leiper presented the agenda item to consider the appointment of Ms. Laura Alvarado to the Community Development Advisory Committee. If appointed, Ms. Alvarado term would begin immediately and expire on December 31, 2014. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving the appointment of Ms. Laura Alvarado to the Community Development Advisory 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 11. MANAGER'S REPORT a. The 12th Annual "Daddy and Me" Valentine's Dance will be held on Friday, February 8, 2013, from 7:00 p.m. until 10:00 p.m. at the Baytown Community Center. b. The Sterling Municipal Library's Food for Fines will take place from February 1 to March 1, 2013. City Council Regular Meeting Minutes January 24, 2013 Page 20 of 20 City Manager Leiper presented the agenda items and stated that the 12th Annual "Daddy and Me" Valentine's Dance will be held on Friday, February 08, 2013, from 7:00 P.M. until 10:00 P.M. at the Baytown Community Center. He stated that tickets are $7.00 per person in advance and $10.00 per person at the door. City Manager Leiper stated that the Sterling Municipal Library's Food for Fines will take place from February I" to March 1" 2013 and will have its 50th Anniversary celebration starting in March. 12. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo adjourning the January 24, 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 III, Mayor Pro Tern Terry Sam, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the January 24, 2013, City Council Regular Meeting at 8:46 P.M.