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2013 04 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 25, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 25, 2013, at 6:31 P.M. in the Tucker Hall Auditorium of Lee College, 200 Lee Drive, 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 25, 2013, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on April 11, 2013. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving the April 11, 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 Tern Terry Sain, Council Member Scott Sheley Nays: None City Council Regular Meeting Minutes April 25, 2013 Page 2 of 8 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Zachary Brackin requested to address City Council in regards to staffing of EMS units. Mr. Brackin stated that he lives at 6919 Hunters Way and that the city is understaffed in the EMS units within the City. b. Present a proclamation designating May as Motorcycle Safety and Awareness Month. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Mr. Wayne Anderson, President of the Circuit Riders Motorcycle Ministry, a proclamation designating May as Motorcycle Safety and Awareness Month. C. Present a proclamation designating May 5 -11, 2013, as Public Service Recognition Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to a group of public service workers a proclamation designating May 5 -11, 2013, as Public Service Recognition Week. d. Present a proclamation designating April 19, April 26 and May 3, 2013, as Baytown Professional Fire Fighters Local #1173 Annual Fill- the -Boot Days. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Lieutenant Ron Roberts a proclamation designating April 19, April 26 and May 03, 2013, as Baytown Professional Fire Fighters Local #1173 Annual Fill -the -Boot Days. C. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown employees for their years of service (5, 10, 15 plus years). 5 Years: Sonny Alfred, Police Mechanic 10 Years: Kevin Eaglin, Firefighter City Council Regular Meeting Minutes April 25, 2013 Page 3 of 8 20 Years: Paul Locket, Public Works, 25 Years: Gary Slot, Patrol Officer 3. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 3.a. through 3.e. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Member Robert C. Hoskins, Council Member Member Mercedes Rcnteria III, Mayor Pro Member Scott Sheley Nays: None Approved Brandon Capetillo, Council David McCartney, Council Tern Terry Sain, Council a. Consider an ordinance authorizing a payment in lieu of taxes agreement with National Tube Supply Company. ORDINANCE NO. 12,238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH NATIONAL TUBE SUPPLY COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of six (6) stop signs: (1) two on two Bayou Drive at its intersection with East James Avenue, (2) two on Pecan Grove Drive at its intersection with Scottwood Drive, and (3) two on Pecan Grove Drive at its intersection with Parsley Avenue. ORDINANCE NO. 12,239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF City Council Regular Meeting Minutes April 25, 2013 Page 4 of 8 BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF SIX (6) STOP SIGNS -- TWO ON BAYOU DRIVE AT ITS INTERSECTION WITH EAST JAMES AVENUE, TWO ON PECAN GROVE DRIVE AT ITS INTERSECTION WITH SCOTTWOOD DRIVE, AND TWO ON PECAN GROVE DRIVE AT ITS INTERSECTION WITH PARSLEY AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance awarding the Annual No -Lead Brass Fittings Contract to ACT Pipe and Supply, Inc. ORDINANCE NO. 12,240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ACT PIPE AND SUPPLY, INC., FOR THE ANNUAL NO -LEAD BRASS FITTINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY -FOUR THOUSAND ONE HUNDRED FIVE AND 20 /100 DOLLARS ($94,105.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving the Baytown Area Water Authority's closeout of the CDBG Non - Housing BAWA Emergency Power Improvements Project. ORDINANCE NO. 12,241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S FINAL PAYMENT TO T & C CONSTRUCTION, LTD., IN THE AMOUNT OF FIFTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO 1100 DOLLARS ($58,760.00) FOR THE CDBG NON - HOUSING BAWA EMERGENCY POWER IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving budget amendments to the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2012 -13 budget in order to reprogram funds from Machinery and Equipment to Motor Vehicles for the purchase of a 2013 Dodge Chassis and the updating and remounting of an ambulance. City Council Regular Meeting Minutes April 25, 2013 Page 5 of S ORDINANCE NO. 12,242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2012 -13 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a license agreement with GB Biosciences Corporation for the construction of an 11 -acre wetlands restoration and mitigation project at the Baytown Nature Center. City Manager Leiper presented the agenda item and stated that GB Biosciences Corporation is required to do a mitigation project and negotiated the project with the City and the Natural Resource Trustee Program (NRTP). He stated that the proposal is an l 1 -acre restoration project along Bayshore Drive which includes the removal of old slabs. He stated that GB Biosciences Corporation would provide funding for the project and Crouch Environmental Services Inc., would perform the work. City Manager Leiper stated that the Parks and Recreation Advisory Board would review the project at its meeting on May 01, 2013. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving Ordinance No. 12,243. 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. 12,243 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 GB BIOSCIENCES CORPORATION FOR THE CONSTRUCTION OF AN 11 ACRE WETLANDS RESTORATION AND MITIGATION PROJECT AT THE BAYTOWN NATURE CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 25, 2013 Page 6 of 8 b. Consider an ordinance authorizing the purchase of one (1) 2013 Dodge Ram 4500 6.7 -liter Diesel Chassis and remount of Frazer ambulance through the Houston - Galveston Area Council for the Baytown Fire Department. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,244 authorizes the purchase of one (1) 2013 Dodge Ram 4500 6.7 -liter diesel chassis and remount onto a Frazer Type 114' generator - powered module through the Houston- Galveston Area Council ( "H -GAC ") in the amount of $98,750 which includes an H -GAC fee of $600 and is being funded 100% from the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD). A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,244. 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. 12,244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY -EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO 1100 DOLLARS ($98,750.00) TO DALLAS DODGE CHRYSLER JEEP THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 DODGE RAM 4500 6.7 -LITER DIESEL CHASSIS AND REMOUNT ONTO A FRAZER TYPE I 14' GENERATOR - POWERED MODULE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2013. Finance Director, Louise Richman presented the agenda item and stated that the budget was on target. She stated that the property tax was up 1.9% over budget and that the debt issuance was successful. She stated that the sales tax was up 7.22% compared to last year and that the IDA agreements were $800,000 over budget for the year. Ms. Richman stated that the city has right at $124 million dollars in its portfolio and the investment rate of return was .176% which is better than the benchmark rate of .04 %. City Council Regular Meeting Minutes April 25, 2013 Page 7 of 8 6. MANAGER'S REPORT a. The City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 26, 2013, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M. City Manager Leiper presented the agenda item and stated that the City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 26, 2013, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M with a limit of three (3) trees per person. Mayor DonCarlos stated that Houston Bar Association wants to plant 100 trees in the city of Baytown. b. Pirates Bay Water Park opens for its fourth season on Saturday, May 4th. The park will be open weekends in May including Memorial Day; daily operations begin Saturday, June 8th from 11:00 A.M. to 7:00 P.M. Season pass holders will be offered a special sneak peek on Sunday, April 28th. City Manager Leiper stated that Pirates Bay Water Park opens for its fourth season on Saturday, May 4th and that the park daily operations begin on Saturday, June 8th from 11:00 A.M. to 7:00 P.M. C. Present update on the City's 2013 Keep Baytown Beautiful Trash -Off and the Household Hazardous Waste /e -Waste Collection events. Mike Lester, Health Department Director presented the update on the 2013 Trash -Off and Zazardous Waste events. He stated both events took place on Saturday and provided participating numbers for them as follows: Trash -Off: • 622 people participated on site (570 adults and 52 youth volunteers) Approximately 160 more people participated off site, cleaning up around Baytown • Drivers of 421 vehicles brought 840 cubic yards of rubbish and debris 5 and 1/2 long scrap trailers were filled with metals to be recycled • 698 tires were collected and will be recycled. HHW /e -Waste preliminary totals: • Over 424 people participated • Drivers of 400+ vehicles brought fertilizers, pesticides, waste oil, batteries, paints, computers, televisions, for proper disposal or recycling • Filled 2 full semi - trailers of household hazardous waste • Filled 2 short semi - trailers of electronics waste City Council Regular Meeting Minutes April 25, 2013 Page 8 of 8 . Cleared an additional 40 cubic yards of rubbish and debris. d. Present an update regarding the New Freedom Sidewalk Grant Project Nick Woolery, the Assistant to the City Manager, presented the agenda item and stated that the City of Baytown recently completed its New Freedom Grant Project which included the installation of 5,500 linear feet of sidewalks along Garth Road, Park Street, and North Pruett Street. He stated that in addition to the sidewalks, safety improvements were made at the intersections of Garth Road and Park Street; and Park Street and North Pruett Street that included the installation of crossing signals, ADA ramps and crosswalk striping. City Manager Leiper stated that immediately following the MDD meeting scheduled for Thursday, May 02, 2013, at 4:30 P.M., a Special Council Meeting will be held regarding a potential economic development activity involving land acquisition. He stated that the Special Council Meeting is posted for 5:00 P.M. at City Hall in the Hallam Room. Additionally, City Manager Leiper recognized sponsors for the Special Olympics. 7. ADJOURN A motion was made by Mayor Pro Tom Terry Sam and seconded by Council Member David McCartney adjourning the April 25, 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 Tom Terry Sain, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 25, 2013, City Council Regular Meeting at 7:13 P.M.