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2013 04 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 11, 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 April 11, 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 Capetillo and Mr. Brandon Reinertsen, President of the YAC Commission. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 28, 2013. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David McCartney approving the March 28, 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 Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley City Council Regular Meeting Minutes April 11, 2013 Page 2of11 Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Manager Leiper recommended that agenda items 2.a through 2.c. be presented together and that all be considered for action together. a. Consider a proposed resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor's Summer Youth Work Program. b. Consider a resolution accepting a donation from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. C. Consider a resolution accepting an Exxon Mobil donation for the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown Nature Center's Environmental Education Program. 3.c. Consider an ordinance authorizing the 2013 Mayor and ExxonMobil Summer Youth Work Program. Public Affairs Coordinator, Patti Jett presented the agenda items. Resolution No. 2237 accepts a $50,000 donation from Exxon Mobil Corporation in support of the Mayor's Summer Youth Work Program. Resolution No. 2238 accepts a $15,500 donation from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. Resolution No. 2239 accepts a $60,000 contribution from Exxon Mobil supporting the Baytown Nature Center's Environmental Education Programs and the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program. Each program will receive $30,000. City Manager Leiper stated that agenda item 3.c. authorizes the program and the expenditures of the donations for the program. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving Resolutions No. 2237, 2238, 2239, and Ordinance No. 12,229. The vote was as follows: City Council Regular Meeting Minutes April 11, 2013 Page 3 of 11 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, and Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) FROM EXXON MOBIL CORPORATION FOR THE MAYOR SUMMER YOUTH PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTEEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($15,500.00) FROM EXXON MOBIL CORPORATION IN SUPPORT OF THE CHILDREN, LITERACY, READING AND CULTURAL ENRICHMENT PROGRAMS OF STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS AND THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND EXXONMOBIL SUMMER YOUTH WORK PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April It, 2013 Page 4 of 11 d. The City of Baytown Parks and Recreation Department received the 2013 Lone Star Recreation Programming Achievement Award, Class III for the "Nurture Nature Series" program. City Manager Leiper presented the agenda item. Parks and Recreation Director, Scott Johnson stated that the City of Baytown Parks and Recreation Department received the 2013 Lone Star Recreation Programming Achievement Award, Class III for the "Nurture Nature Series" program. Mayor DonCarlos presented the award to Tracey Prothro. Agenda item 2.e. was presented after agenda item 2.h. f. Present a proclamation designating April 14 -20, 2013, as National Public Safety Telecommunications Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Communications Coordinator Ray Pheris, a proclamation designating April 14 -20, 2013, as National Public Safety Telecommunications Week. g. Present a proclamation designating April 14 -20, 2013, as National Library Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Library Director, Katherine Brown a proclamation designating April 14 -20, 2013, as National Library Week. h. Present a proclamation designating April as National Safe Digging Month. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Randall Sanders, Aaron Brunson, and Charles Sybert from Centerpoint Energy Gas Operations a proclamation designating April as National Safe Digging Month. e. Present the 3rd and 4th of July Celebration schedule and entertainment for 2013. Mr. Scott Johnson presented a video presentation of the entertainment lineup for this year's 3rd and 4th of July Celebration. The lineup is as follows: July 3rd, "Molly and the Ringwalds" and "Eddie Money "; July 4th, "Breelan Angel ", "Johnny Lee" and "The Randy Rogers Band ". 3. PROPOSED ORDINANCES a. Consider an ordinance of the first reading of the annexation of approximately 10.01 acres located along the south I -10 feeder road approximately 2,000 feet west of State Highway 146. City Council Regular Meeting Minutes April 11, 2013 Page 5 of 11 City Manager Lciper presented the agenda item and stated that Ordinance No. 12,230 is the first reading for the annexation of property 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 on February 14, 2013, the City Council approved a resolution granting the petition from Ryan and Chad Fitzgerald for voluntary annexation of approximately 10.01 acres. He stated that the land is currently vacant and the petitioners plan to develop a recreational vehicle park and several commercial out - parcels on the property and this annexation is required in order to extend the necessary utilities to the site. He stated that City Council directed staff to complete a Service Plan, which was completed on February 21, 2013. He stated that notice of the first and second public hearings was published in the February 24, 2013, issue of the Baytown Sun and posted on the City of Baytown's notice boards and website on February 21, 2013. He stated that the first and second public hearings were held at the March 14, 2013, City Council meeting and that the second reading of the ordinance and completion of annexation proceedings is scheduled for May 23, 2013. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,230. 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, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,230 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 10.01 ACRES LOCATED ALONG THE SOUTH I -10 FEEDER ROAD APPROXIMATELY 2,000 FEET WEST OF STATE HIGHWAY 146, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD for the Ferry Road Sanitary Sewer Improvement Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,231 awards a construction contract to Angel Brothers Enterprises, LTD, for the construction of the Ferry Road Sanitary Sewer Improvement Project, in the amount of $634,003.00, which includes the base bid City Council Regular Meeting Minutes April 11, 2013 Page 6 of 11 and alternates 1, 3, 5, 6, 7, 8, and 9 together with a $45,000 owner's contingency. He stated that the project scope consists of providing the necessary labor, materials, equipment and supervision to install approximately 1,950 linear feet of 8 -inch gravity sanitary sewer, 1,050 linear feet of 12- inch gravity sewer, abandon approximately 3,700 linear feet of existing 36 -inch, and approximately 700 linear fee of existing eight -inch (8 ") gravity sanitary sewers and manholes, which includes plugging and filling with flowable fill, install a new lift station and force main to serve the church located along Ferry Road, and relocate existing sanitary sewer service leads to the new gravity sanitary sewer lines. He stated that the scope also includes modifications to the Cedar Bayou Lift Station, Raccoon Lift Station, and East District Wastewater Treatment Plant SCADA controls. He stated that four (4) bids were received and publicly opened on April 04, 2013. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III Ordinance No. 12,231. 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. 12,231 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 ANGEL BROTHERS ENTERPRISES, LTD, FOR THE FERRY ROAD SANITARY SEWER IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF A SUM OF SIX HUNDRED THIRTY -FOUR THOUSAND THREE AND NO 1100 DOLLARS ($634,003.00), INCLUSIVE OF A FORTY - FIVE THOUSAND AND NO /100 DOLLARS ($45,000.00) OWNER'S CONTINGENCY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVEDATE THEREOF. 4. PROPOSED RESOLUTIONS a. 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 and one full -time Case Worker. City Council Regular Meeting Minutes April 11, 2013 Page 7 of 11 City Manager Leiper presented the agenda item and stated that the specific program will be decided by the State and will fall under the Federal General Victim Assistance Grant which provides funding for services to victims of crime. He stated that CJD funds have been in use by the City of Baytown for the past 13 years to fund one full -time Victim Services Program Coordinator /Case Manager who's responsible for the administration of the program, supervising current and future expansions of victim service programs, and providing direct services to victims. He stated that the Expansion Case Worker position was approved to be added in FY2012 budget and allows an increase in the number of services provided and number of victims receiving those services. He stated that the Program Coordinator position is overseen by the Police Department and the Case Worker is supervised by the Victim Services Program Coordinator /Case Manager. City Manager Leiper stated that the City commits to a 20% local match of $31,389 which is available in the Police Department's General Fund Budget and the grant is in the amount of $125,554. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney approving Resolution No. 2240. 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, and Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2240 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 THIRTY -ONE THOUSAND THREE HUNDRED EIGHTY -NINE AND N01100 DOLLARS ($31,389.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT City Council Regular Meeting Minutes April 11, 2013 Page 8 of 11 A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 5.a. through 51. 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, and Council Member Scott Sheley Nays: None Approved a. Consider an ordinance authorizing a license agreement with Quick Deal Enterprises, Inc., for the irrigation of the Gateway Monument Project. ORDINANCE NO. 12,232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ATTEST TO A LICENSE AGREEMENT WITH QUICK DEAL ENTERPRISES, INC., FOR THE IRRIGATION OF THE GATEWAY MONUMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a letter agreement with John M. Fitzgerald Family Trust regarding the conveyance of an easement to the City in exchange for the maintenance of a four -inch force main to be located in public rights -of -way. ORDINANCE NO. 12,233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH JOHN M. FITZGERALD FAMILY TRUST REGARDING THE CONVEYANCE OF AN EASEMENT TO THE CITY IN EXCHANGE FOR THE MAINTENANCE OF A FOUR -INCH FORCE MAIN TO BE LOCATED IN PUBLIC RIGHTS -OF -WAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a letter agreement concerning the transfer of 0.2181 acres off Bayway Drive to the Eola Cox Estate. ORDINANCE NO. 12,234 City Council Regular Meeting Minutes April 11, 2013 Page 9 of l 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT REGARDING THE TRANSFER OF 0.2181 ACRES OFF BAYWAY DRIVE TO THE EOLA COX ESTATE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the municipal maintenance agreement with the State of Texas through the Texas Department of Transportation concerning the maintenance and operation of state highways within that portion of the City lying within Chambers County. ORDINANCE NO. 12,235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION CONCERNING THE MAINTENANCE AND OPERATION OF STATE HIGHWAYS WITHIN THAT PORTION OF THE CITY LYING WITHIN CHAMBERS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a license agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on W. Texas Avenue. ORDINANCE NO. 12,236 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 LICENSE AGREEMENT WITH THE FRIENDS OF THE BAYTOWN NATURE CENTER FOR A COMMUNITY GARDEN AT THE RTC PARK PROPERTY ON TEXAS AVENUE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE THOUSAND AND NO 1100 DOLLARS ($1,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of one (1) 2013 Pierce Quantum Pumper Truck for the Fire Department through the Houston - Galveston Area Council. ORDINANCE NO. 12,237 City Council Regular Meeting Minutes April 11, 2013 Page 10 of 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY - TWO THOUSAND FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($622,456.00) TO SIDDONS- MARTIN EMERGENCY GROUP THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. MANAGER'S REPORT a. The 32nd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 20, 2013, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. b. Reminder that the next City Council Work Session and Regular meeting will take place on April 25, 2013, at 5:30 p.m. at Tucker Hall, located on the Lee College Campus, 200 Lee Drive, Baytown, Texas. C. The Relay For Life Event will take place from Friday, April 12, 2013 to Saturday, April 13, 2013, from 6:00 p.m. to 8:00 a.m. at the Royal Purple Raceway, located at 2525 S. FM 565, Baytown, Texas. City Manager Leiper presented the agenda items and stated that The 32nd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 20th, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road. City Manager Leiper stated that City Council meetings will be held at Tucker Hall, located on the Lee College Campus in order to accommodate the upgrades and remodeling of the city council chamber and that the expected completion date for the project to be completed is by mid - July, 2013. He stated that the results of the citizen's survey would be presented at the next regular meeting. City Manager Leiper stated that the Relay for Life Event will take place from Friday, April 12, 2013 to Saturday, April 13, 2013, at the Royal Purple Raceway. He stated that the Gateway Monument is in the beginning stage and phase II of the Tabbs Bay clean -up was completed. Additionally he stated that Mayor DonCarlos was the recipient of the Fred Hartman Leadership Award from the Baytown Chamber of Commerce. 7. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo adjourning the April 11, 2013, City Council Regular Meeting. The vote was as follows: City Council Regular Meeting Minutes April 11, 2013 Page 11 of 11 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, and Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 11, 2013, City Council Regular Meeting at 7:02 P.M.