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2013 03 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 14, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 14, 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 Council Member Robert Hoskins Council Member David McCartney Council Member Terry Sain Council Member Scott Shcley Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the March 14, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sheley with assistance from YAC members. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on February 14, 2013. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Terry Sain approving the February 14, 2013, City Council Regular meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None City Council Regular Meeting Minutes March 14, 2013 Page 2 of 20 Other: Council Member Mercedes Renteria III, (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Deborah Moseley requests to address Council to introduce The Bridge Over Troubled Waters, Inc. and to describe the services that they are providing to the community now and into the future. Ms. Moseley presented an overview of the services provided by The Bridge Over Troubled Waters, Inc. and stated that they have a hotline that is available for twenty -four (24) hours a day seven (7) days a week. b. Present a proclamation designating March as American Red Cross Month. Public Affairs Coordinator, Patti Jett presented the agenda item. Mayor DonCarlos presented to Chris Jeanes and Karen Mudd a proclamation designating March as American Red Cross Month. C. Recognize the 50th Anniversary of the City of Baytown's Sterling Municipal Library. Librarian, Katherine Brown presented the agenda item recognizing the 50th Anniversary of the Sterling Municipal Library in Baytown. d. Present awards from the 2013 Texas Municipal League Institute. Ms. Jett presented the agenda and recognized Council Members Scott Sheley and David McCartney as Certified Municipal Officials which are awards provided by TML. She stated that Council Member Sheley also received the Award of Excellence, given to council members who have received a TMLI certificate for five (5) consecutive years. Additionally, Council Member Sheley was recognized as one of two council members in Texas to receive this honor, as well as, being the only council member with 15 consecutive years receiving a TMLI certificate. Ms. Jett stated that the City of Baytown received the Award of Leadership, which is given to the city that has an elected official receive a TMLI certificate for five (5) consecutive years. e. Receive Report on Youth Advisory Commission Conference and election of officers. Council Member Sheley presented the agenda item. The YAC members presented the report on YAC Conference and their election of officers. 3. ISSUANCE OF GO BONDS AND TAX AND REVENUE COs. SERIES 2013 a. Consider an ordinance authorizing the issuance of the City of Baytown's General Obligation Bonds, Series 2013, and setting certain parameters for the sale of the bonds. City Council Regular Meeting Minutes March 14, 2013 Page 3 of 20 City Manager Leiper presented the agenda item and stated that Ordinance No. 12,201 authorizes the issuance of the City of Baytown's General Obligation Bonds, Series 2013 in a maximum principal amount not to exceed $16,800,000 and sets certain parameters for the sale of the bonds. He stated that the proposed bonds will be issued in an aggregate principal amount not to exceed $16,800,000. The principal of and any premium on the bonds will be for the purposes of providing funds (i) for the payment of costs of issuing the Bonds, and (ii) for the following purposes: Streets, Sidewalks, Drainage and Utilities Improvements, Public Safety, EMS and Fire Fighting Facilities and Equipment, Park Improvements and Citywide Beautification, and the East Baker Road Extension. City Manager Leiper stated that these items were approved by the voters in the 2007 Bond election. A motion was made by Council Member Scott Sheley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,201. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved ORDINANCE NO. 12,201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BONDS, SERIES 2013; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT RELATING TO SUCH BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the issuance of the City of Baytown's Combination Tax and Revenue Certificates of Obligation, Series 2013, and setting certain parameters for the sale of the certificates. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,202 authorizes the issuance of the City of Baytown's Combination Tax and Revenue Certificates of Obligation, Series 2013 in a principal amount not to exceed $16,800,000 and sets certain parameters for the sale of the certificates. He stated that the costs are associated with the (i) repair and renovation of, the construction of improvements to and the equipment of the City's waterworks and sanitary sewer system, (ii) repair and renovation of, the construction of improvements to and the City Council Regular Meeting Minutes March 14, 2013 Page 4 of 20 equipment of the City's parks and recreational facilities, including associated parking facilities and drainage improvements, and (iii) cost of professional services incurred in connection with such repairs, renovations and improvements. Additionally, he stated that this includes the Pirates Bay Expansion certificates of obligation. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Scott Sheley approving Ordinance No. 12,202. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved ORDINANCE NO. 12,202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE CITY OF BAYTOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013; LEVYING A TAX IN PAYMENT THEREOF, SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT RELATING TO SUCH CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. ANNEXATION OF 10.01 ACRES a. Conduct a first public hearing regarding a proposed voluntary annexation of approximately 10.01 acres located along the south 1 -10 feeder road approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of the William Bloodgood League Survey, A4, Chambers County, Texas. At 7:03 P.M., Mayor DonCarlos opened the first public hearing regarding a proposed voluntary annexation of approximately 10.01 acres located along the south I -10 feeder road approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of the William Bloodgood League Survey, A -4, Chambers County, Texas. City Manager Leiper stated that Ryan and Chad Fitzgerald submitted a petition for annexation on February 01, 2013. He stated that the applicant indicated that the intent is to develop a recreational vehicle park and several commercial out - parcels on the property and the annexation City Council Regular Meeting Minutes March 14, 2013 Page 5 of 20 is required in order to extend the necessary utilities to the site. He stated that on February 14, 2013, the City Council approved a resolution granting the petition and directing staff to create a service plan for the proposed area to be annexed. With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at 7:04 P.M. b. Conduct a second public hearing regarding a proposed voluntary annexation of approximately 10.01 acres located along the south 1 -10 feeder road approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of the William Bloodgood League Survey, A4, Chambers County, Texas. At 7:04 P.M., Mayor DonCarlos opened the second public hearing regarding a proposed voluntary annexation of approximately 10.01 acres located along the south I -10 feeder road approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of the William Bloodgood League Survey, A -4, Chambers County, Texas. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 7:05 P.M. 5. UNIFIED LAND DEVELOPMENT CODE a. Conduct public hearings concerning: Amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Map; Amendments to the Unified Land Development Code and the rezoning of all parcels within the City of Baytown; and The rezoning of approximately 25,311 acres, being all property within the incorporated city limits of Baytown, located in Harris and Chambers Counties, Texas, to the zoning districts established or to be established in the Unified Land Development Code. At 7:05 P.M., Mayor DonCarlos opened the public hearings concerning: Amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Map; Amendments to the Unified Land Development Code; and the rezoning of approximately 25,311 acres, being all property within the incorporated city limits of Baytown, located in Hams and Chambers Counties, Texas, to the zoning districts established or to be established in the Unified Land Development Code. City Manager Leiper stated that the Comprehensive Plan, including Mobility and the Future Land Use Plan, give guidance to the City's future configuration pattern and the infrastructure that's needed to support that pattern. He stated that the Unified Land Development Code and the zoning map are some of the tools the city uses to implement the Comprehensive Plan. City Manager Leiper stated that the City Council appointed a citizen's committee (the ULDC Task Force) to write the code. He stated that once the Task Force presented a complete draft of the zoning chapter of the ULDC (after holding over 70 public meetings), the Planning and Zoning Commission reviewed the code and the Council adopted the code February 23, 2012. City Manager Leiper stated that the remapping of the city to the new code represents the work of City Council Regular Meeting Minutes March 14, 2013 Page 6 of 20 the Planning and Zoning Commission and the staff for the last year in which ten public meetings were held, as well as, numerous one on one meetings with property owners. He stated that this work represents a milestone for Baytown in that design standards were established; a code that offers consistency, predictability and flexibility would be available to homeowners, as well as, to developers and promises an improved community over the next generation. City Manager Leiper stated that items presented in the Council packets were taken to the Planning and Zoning (P &Z) Commission and were recommended by the commission and staff. He stated that there were some proposed changes that developed after the P &Z meeting and that staff concurs with the changes made. City Manager Leiper stated that Council would need to include these changes in the motion. City Manager Leiper stated that the first map remained the same without changes and that the following proposed map changes were as follows: 1) Kilgore Road — from MU to SFE and SF 1 to retain the area for residential; 2) Elton Street — from SFE to SF 1 for consistency with adjacent neighborhood; 3) Highway 146 Towing Yard — from GC to MU to accommodate the existing tow yard and single family; 4) North Main at Cedar Bayou Lynchburg — from GC to MF2 for proposed multi - family development; 5) Baker Road at Bush Road — from MF2 to GC for proposed commercial development; 6) South of I -10 east of Sjolander— from GC to LI; 7) RV Park - require new RV Parks to be five (5) acres or larger and require RV Parks to get a special use permit specifically for RV Parks; 8) 2005 Tri-City Beach Road - Livable Center to GC (450 ft. from the corner of lot parallel to the bay); and 9) Mr. Howard Tract (Hwy 146 in Chambers County) Cliff Clements, Kameron Price, Jane Rhods, Larry Jordon, Keith MacGill, Francine Gordon, Aaron Smith, Manfred Quentel, J. A. Jacob, Floyd Howard, Dave Corder, David Hake, Chris Bickner, Marie Elise Lester, David Staas, Marie Drewnowski, Victoria Fayle, Peggy Scrivner, and Keith Coburn all registered to speak before Council regarding agenda item 5.a. Mr. Clemens stated that he lives in the Country Club Oak and is concerned that SF2 provides for allowances, such as mother -in -law houses and duplexes, that could depreciate their land value and it violates their deed restrictions. He recommended keeping all of Country Club Oak to SFI. City Manager Leiper stated that deed restrictions are more restrictive than ordinances, but that the home owners association must enforce the restrictions as the City, by law, cannot. Ms. Carpenter stated that as the ordinance currently states, mother -in -law quarters are allowed in SFE, SF 1 and SF2. She stated that duplexes were allowed in SF2 but not in SF 1 and explained that Country Club Oak has SF1 and SF2 because of the lots sizes. She stated that the lot sizes in SF 1 (4 units to the acre) are greater than those in SF2 (9 units to the acre). City Council Regular Meeting Minutes March 14, 2013 Page 7 of 20 Mayor DonCarlos stated that he recommended having the planning and zoning commission address the concern regarding the classification for Country Club Oaks and provide to Council their recommendation. City Manager Leiper stated this item would be put on the agenda after next. Mr. Gordon stated and requested to keep his property (450 ft. from Tri-City Beach Road to the water parallel) zoned to GC. During further discussion, he requested to submit a definition asking for an existing park to be able to expand adjacent to their existing property for a period of no more than 36 months. City Manager Leiper stated that staff would not be in favor of giving 36 months for an existing RV Park to expand into new property without going through the special use permit. Mr. Gordon inquired of the timeframe to submit such application. City Attorney Ignacio Ramirez stated that the timeframe for submitting such permit would be 30 days. Mr. Smith stated that he lives on Elton Street and is good with the City's changes. Mr. Quentel stated that he lives in Humble, but represented a partial of land on Rollingbrook Drive west of Garth Road (approximately 11 acres) to develop a class A apartment complex. City Manager Leiper stated that the owners concern was that if this property is rezoned to GC it would not allow apartments. City Manager Leiper stated that the owner could submit for a UA and be grandfathered in for the apartment complex for a period of time. Ms. Carpenter stated that he submitted a UA and at the time of submission, Mr. Gordon could not identify the specific parcel which is required. Mr. Jacob stated that he would submit the parcel information on March 15, 2013. Mr. Floyd stated that he owns a property on Hwy 146 across from Pinehurst and requested that it be zoned as general commercial (GC). City Manager Leiper stated that because there is property across the street from Mr. Floyd's property that is zoned GC, staff could support the change to his property only. Mr. Corder stated that he lives in Country Club and inquired if all the lots in Country Club were considered four (4) dwellings per acre. City Manager Leiper stated that, currently the lots are listed as neighborhood conservation which is nine (9) units per acre. Additionally, City Manager Leiper stated that Council worked hard on reducing the density to increase lots sizes to raise the value of new homes built in Baytown. Mrs. Drewnowski stated there should be another meeting with all subdivision representatives regarding this zoning change. The following registered speakers passed on their opportunity to speak regarding the public hearings: Kameron Price, James Rhods, Keith McGill, Francine Gordon, Marie Elise Lester, David Staas, Victoria Fayle, Peggy Scrivner, Keith Coburn. Mayor DonCarlos closed the public hearings at 8:18 P.M. City Manager Leiper recommended taking the agenda out of order and considering item 6.a. City Council Regular Meeting Minutes March 14, 2013 Page 8 of 20 Council Member Hoskins recommended to table items 5.b., 5.c., and 5.d. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo to take the agenda out of order and table items 5.b., 5.c., 5.d. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing a professional service agreement with ARKK Engineers, L.L.C., for the 2007 Street Bond Program -Year 5 Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,203 authorizes a professional service agreement for the 2007 Street Bond Program -Year 5 Project with ARKK Engineers, L.L.C., in the amount of $442,575 plus $25,000 for an owner's contingency. He stated that on December 17, 2012, the Architectural & Engineering Committee selected ARKK Engineers to provide design phase, bid phase, and construction phase services for the reconstruction of the following Year 5 streets which were approved under the 2007 Street Bond Program: Street Holly Drive Iowa Street Georgia Street Humble Street Chilton Drive Baylor Street N. Jones Street W. Francis Street From Burnet Drive Oklahoma Street Louisiana Street Lanier Drive Dale Avenue Park Street Park Street N. Jones Street To Hackberry Street Louisiana Street Virginia Street Laredo Street Dwinnell Drive Gresham Street W. Francis Avenue Harvard Street A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,203.The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes March 14, 2013 Page 9 of 20 Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved ORDINANCE NO. 12,203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH ARKK ENGINEERS, L.L.C., FOR ENGINEERING SERVICES ASSOCIATED WITH THE 2007 STREET BOND PROGRAM -YEAR 5 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED FORTY -TWO THOUSAND FIVE HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($442,575.00); AUTHORIZING A CONTINGENCY ALLOWANCE IN THE AMOUNT OF TWENTY -FIVE THOUSAND AND NO / 100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding a construction contract for the Allenbrook Waterline Distribution Rehabilitation Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,204 awards a construction contract for the Allenbrook Waterline Distribution Rehabilitation Project in the amount of $1,099,340 to SKE Construction, LLC. He stated that the scope of work includes, but is not limited to, pipe bursting of potable water mains, open cut 750 linear feet of HDPE waterline to loop system to the City main on Rollingbrook, service connections, fire hydrant assembly installation, television inspection, pavement replacement, annular and void space grouting, and hydro -mulch seeding. Additionally, he stated that two (2) bids were received and publicly opened on February 21, 2013, at 2:00 P.M. in the Council Chambers. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,204. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved City Council Regular Meeting Minutes March 14, 2013 Page 10 of 20 ORDINANCE NO. 12,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE ALLENBROOK WATERLINE DISTRIBUTION REHABILITATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION NINETY- NINE THOUSAND THREE HUNDRED FORTY AND NO /100 DOLLARS ($1,099,340.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 6 "Alcoholic Beverages," Article I "In General," Section 6 -2 "Sales near schools, churches, hospitals or day care facilities" of the Code of Ordinances, Baytown, Texas, to exempt the application of the distance requirements for the sale of alcoholic beverages if the same would restrict such sales within the ACE zoning district. City Manager Leiper presented the agenda item and stated that the amendment removes the distance requirement in the ACE to serve alcoholic beverages. During further discussion, Council Member Hoskins stated that the distance requirement per state law is 1,000 feet from the property line and recommended getting clarification of such. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 12,205. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved ORDINANCE NO. 12,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL," SECTION 6 -2 "SALES NEAR SCHOOLS, CHURCHES, HOSPITALS OR DAY CARE FACILITIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED SUBSECTION (13)(3) City Council Regular Meeting Minutes March 14, 2013 Page 11 of 20 TO EXEMPT THE APPLICATION OF THE DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES IF THE SAME WOULD RESTRICT SUCH SALES WITHIN THE ACE ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. PROPOSED RESOLUTIONS a. Consider a resolution confirming that the City Council of the City of Baytown elects to become eligible to participate in tax abatement pursuant to the Property Redevelopment and Tax Abatement Act and adopting guidelines and criteria for granting tax abatement in a reinvestment zone created in Harris and /or Chambers Counties. City Manager Leiper presented the agenda item and stated staff recommends renewing the tax guidelines unchanged for a two (2) year period. He stated that they cannot be changed during this two year period unless there is a 3/4 majority of Council. RESOLUTION NO. 2233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT PURSUANT TO THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN A REINVESTMENT ZONE CREATED IN HARRIS COUNTY OR CHAMBERS COUNTY; ADOPTING SUCH GUIDELINES AND CRITERIA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2233. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved 8. DISCUSSIONS City Council Regular Meeting Minutes March 14, 2013 Page 12 of 20 a. Discuss possible amendments to the City Council Rules of Procedure, including citizen communications, public comment, and the second Council Meeting in November to coincide with the canvass of the November elections or the Monday preceding the Thanksgiving Holiday. City Manager Leiper presented the agenda item and stated that City Council requested an agenda item to consider changing the rules of procedure and according to the City Council's Rules of Procedure, before such rules can be amended, the proposed amendment must be introduced before the City Council at a prior meeting. Therefore, this item allows the Council to discuss possible amendments to the City Council Rules of Procedure for possible action at its March 28th meeting. City Manager Leiper stated that the second meeting in November was changed due to the Thanksgiving Holidays and since then, the state changed the elections to November and when there is a November election, the votes must be canvassed on Monday. He stated and recommended for Council to add language referencing the date necessary to canvass votes. During further discussion regarding amending the City Council Rules of Procedure references to citizen communications and public comments, City Manager Leiper stated that he would develop a draft for the Mayor to discuss at a future meeting. b. Discuss the possible renaming of East Baker Road. City Manager Leiper presented the agenda item and stated that this item is to provide for a discussion with City Council members regarding the possible renaming of East Baker Road. He stated that City staff met and discussed the renaming with many of the residents and of the sixty - six addresses on East Baker Road about 98% of them petitioned not to change the name. The Planning and Zoning Commission discussed this item at their February 19th meeting and recommended that the City keep the current residential street name, East Baker Road. Albert Araujo, W. J. "Bill" Daley, Robert Wolfe, and Juan Lena all registered to speak before Council regarding agenda item 8.b and all expressed their opposition to changing the name, with the exception of Mr. Wolfe who was not present and Mr. Lena who decided to pass on speaking. The consensus of Council was to not rename East baker Road. City Manager Leiper stated that a resolution regarding the name selection of the extension of Baker Road would be put on the next agenda for consideration. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo to return to agenda items 5.b, 5.c., and 5.d. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes March 14, 2013 Page 13 of 20 Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved City Manager Leiper recommended that agenda items 5.b., 5.c., and 5.d. be considered together. 5.b. Consider amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Map. 5.c. Consider amendments to the Unified Land Development Code to effectively implement the rezoning of the City of Baytown by adding and refining zoning districts, use conditions, and compatibility standards. 5.d. Consider an ordinance rezoning approximately 25,311 acres, generally being all property within the incorporated city limits of Baytown, located in Harris and Chambers Counties, Texas, to the zoning districts established or to be established in the Unified Land Development Code (ULDC). For clarification purposes, City Manager Leiper stated that the motion is to approve as follows: The future land use plan map being unchanged; The zoning map with eight (8) changes being: 1) Kilgore Road — from MU to SFE /SF 1; 2) Elton Street — from SFE to SF 1; 3) Highway 146 Towing Yard — from GC to MU; 4) North Main at Cedar Bayou Lynchburg — from GC to MF2; 5) Baker Road at Bush Road — from MF2 to GC; 6) South of I -10 east of Sjolander— from GC to LI; 7) Along Tri -City Beach Road (450 ft. from the canal) — from Livable Center to GC; 8) Mr. Floyd Howard Tract (Hwy 146 in Chambers County) — from LI to GC; and the text change requiring new RV Parks to be five (5) acres or larger and require RV Parks to get a special use permit with a general layout of development and the number of spaces for the RV Parks. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Terry Sain to consider approving agenda items 5.b. which remains the same, agenda item 5.c. with eight (8) changes on the map and one (1) text change, and agenda item 5.d. The vote was approved by a signal of hand as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes March 14, 2013 Page 14 of 20 Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved 9. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 9.a. through 9.i. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved a. Consider an ordinance rejecting the bids for the Hutto Lift Station Upgrade Project received on February 05, 2013. ORDINANCE NO. 12,209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE HUTTO LIFT STATION UPGRADE PROJECT, WHICH WERE RECEIVED ON FEBRUARY 5, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider proposed ordinance to purchase an Auxiliary Pump with Pump & Power Equipment, L.P. ORDINANCE NO. 12,210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY -SIX THOUSAND AND NO /100 DOLLAR ($76,000) TO PUMP & POWER EQUIPMENT, L.P., FOR THE PURCHASE OF A TRAILER MOUNTED DIESEL SELWOOD SELTOURQUE S200 PUMP FOR THE PUBLIC WORKS/UTILITIES DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 14, 2013 Page 15 of 20 C. Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract to Superior Grouting Services, Inc. ORDINANCE NO. 12,211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of two (2) 2013 Chevrolet Tahoes from Caldwell Country Chevrolet, through a cooperative purchasing agreement with Tarrant County. ORDINANCE NO. 12,212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND FOUR HUNDRED FORTY -TWO AND NO 1100 DOLLARS ($52,442.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY, FOR THE PURCHASE OF TWO (2) 2013 CHEVROLET TAHOES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider authorizing the sole source purchase of firefighting protective clothing from Casco Industries, Inc. ORDINANCE NO. 12,213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -ONE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($51,500.00) TO CASCO INDUSTRIES, INC., FOR THE PURCHASE OF FIREFIGHTING PROTECTIVE CLOTHING; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a cooperative purchasing agreement with the City of Texas City. ORDINANCE NO. 12,214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, City Council Regular Meeting Minutes March 14, 2013 Page 16 of 20 TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF TEXAS CITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of an X -Ray System for the Baytown Police Department. ORDINANCE NO. 12,215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -SEVEN THOUSAND SEVEN HUNDRED THIRTY -SIX AND 101100 DOLLARS ($57,736.10) TO LOGOS IMAGING, LLC, FOR THE PURCHASE OF AN X- RAY SYSTEM FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of a Robotic System for the Baytown Police Department. ORDINANCE NO. 12,216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY -TWO THOUSAND ONE HUNDRED TWENTY -FOUR AND 101100 DOLLARS ($82,124.10) TO IROBOT FOR THE PURCHASE OF A ROBOTIC SYSTEM FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution amending Resolution No. 2007, passed on September 24, 2009, which established an Industrial District Policy together with a new Industrial District Agreement form, to refine the basis by which the base year value will be determined. RESOLUTION NO. 2234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 2007 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON SEPTEMBER 24, 2009, WHICH ADOPTED AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON JULY 26, 2009, TO REFINE THE BASIS BY WHICH THE BASE YEAR VALUE WILL BE DETERMINED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 14, 2013 Page 17 of 20 10. APPOINTMENTS a. Consider one (1) appointment to the Baytown Municipal Development District. City Manager Leiper presented the agenda item to consider the appointment of Gary Englert to the Municipal Development District (MDD) board. He stated that Ms. Dee Anne Navarre's submitted her resignation as she moved outside of the city limits. Mr. Englert will complete this unexpired term until August 31, 2013, at which time he will be eligible for reappointment to a full term. A motion was made by Council Member Scott Sheley and seconded by Council Member Robert C. Hoskins approving the appointment of Gary Englert to the MDD Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Tent' Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved b. Consider four (4) appointments to the Tow Truck Committee. City Manager Leiper presented the agenda item to consider four (4) the appointments to the Tow Truck Committee. City Manager Leiper presented the agenda item and stated that Mr. B.C. Hudman, Mr. Porter Flewellen, Mr. Mark Fuqua, committee members and Ms. Kameron Price as ex- officio terms are set to expire on March 31, 2013 and all members desire to serve another term. If reappointed the Committee Members would serve a two (2) year term commencing on April 01, 2013 and ending on March 31, 2015, and the Ex- Officio Member (Ms. Kameron Price) would serve a one (1) year term commencing on April 01, 2013 and ending on March 31, 2014. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving the appointments of Mr. Hudman, Mr. Flewellen, Mr. Fuqua, and Ms. Price to the Tow Truck Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) City Council Regular Meeting Minutes March 14, 2013 Page 18 of 20 Approved C. Consider the confirmation of one (1) City Manager appointment to the Civil Service Commission. City Manager Leiper presented the agenda item to consider the confirmation of Ms. Julie DeTorre to the Civil Service Commission to fulfill the unexpired term of Mr. Ronnie Anderson. He stated that Mr. Ronnie D. Anderson will no longer be eligible to serve on the Commission due to his change in residency. If appointed Ms. DeTorre's term would commence immediately and expire on December 31, 2014. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the appointment of Ms. Julie DeTorre to the Civil Service Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved d. Consider confirming the City Manager's appointment of the Director of ITS. City Manager Leiper presented the agenda item to consider confirming the appointment of Mr. Edward Tomjack, as the new Director of ITS. He stated that Mr. Tomjack will begin his employment with the City of Baytown on April 01, 2013. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the appointment of Mr. Edward Tomjack as the new ITS Director. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Sheley Nays: None Other: Council Member Mercedes Renteria III, (Absent) Approved City Council Regular Meeting Minutes March 14, 2013 Page 19 of 20 11. MANAGER'S REPORT a. Present an overview of the City's participation in emergency management training in Emmitsburg, Maryland. City Manager Leiper presented and an overview of the City's participation in emergency management training in Emmitsburg, Maryland. b. The City of Baytown's volunteer work day for Habitat for Humanity will be Friday, March 15, 2013, from 8:00 A.M. to Noon. City Manager Leiper presented the agenda item and stated that the City of Baytown's volunteer work day for Habitat for Humanity would be Friday, March 15, 2013, from 8:00 A.M. to Noon, at 309 Alva Street, Baytown, Texas. C. The City of Baytown will hold its 13th Annual Trash -Off in conjunction with the State of Texas Annual Trash -Off activities on Saturday, April 06, 2013 from 9:00 A.M. to 2:00 P.M., as well as, the Household Hazardous Waste Collection Day on Saturday, April 06, 2013, from 9:00 A.M. to 2:00 P.M. City of Baytown will hold its 13th Annual Trash -Off in conjunction with the State of Texas Annual Trash -Off activities on Saturday, April 06, 2013 from 9:00 a.m. to 2:00 p.m. The City of Baytown also will hold a Household Hazardous Waste Collection Day on Saturday, April 06, 2013 from 9:00 a.m. to 2:00 p.m. d. Present an update regarding the education period and enforcement of the new noise ordinance. City Manager Leiper presented an update regarding the education period and enforcement of the new noise ordinance. He stated that the noise meters were received and the initial training is complete. In regards to complaints, City Manager Leiper stated that the Health department would respond Monday through Friday and the Police department would respond on nights and weekends. Additionally, City Manager Leiper stated that prior to the Council meeting, the groundbreaking ceremony for Fire Station 7 would be on Thursday, March 28, 2013 at 4:30 P.M., so there would not be a work session. 12. ADJOURN A motion was made by Council Member Sheley and seconded by Council Member Capetillo adjourning the March 14, 2013, City Council Regular Meeting. The vote was as follows: City Council Regular Meeting Minutes March 14, 2013 Page 20 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern Terry Sain, Council Member Scott Shelley Nays: None Other: Council Member Mercedes Renteria 111, (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the March 14, 2013, City Council Regular Meeting at 9:24 P.M. Leticia City of 0 cirt�y,1