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2013 06 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 27, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 27, 2013, at 6:33 P.M. in the Tucker Hall of the 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 Anns Mayor DonCarlos convened the June 27, 2013, City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sheley. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on June 13, 2013. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving the June 13, 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 June 27, 2013 Page 2 of 7 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. John Havenar requested to address Council regarding compliance with ordinances and regulations regarding due process. Mayor DonCarlos cautioned Mr. Havenar about going into the substance of the case as the Council may be hearing the case in the future. Mr. Havenar stated that he requested that the Construction Board of Appeal and Adjustments be convened on his behalf regarding the project on 201 West Pearce. Mayor DonCarlos requested for the legal department to send Council their legal opinion on the reasoning of the decision made on this item and that this item was not an action item on the agenda therefore no action could be taken on it. b. Present new members to the Baytown Youth Advisory Commission. Mayor DonCarlos presented and read the Oath of Office to five (5) new members of the Baytown Youth Advisory Commission (YAC). All members were sworn in. C. Present the Life Saving Award to Chief Keith Dougherty and Officer Kevin Davis of the Baytown Police Department. Mayor DonCarlos and City Manager Leiper presented the Life Saving Award to Chief Dougherty and Officer Davis. d. 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: Ivan Martinez, Police, Patrol Officer Robert Ramlal, Police, Patrol Officer Kenneth Kraemer, Public Works, Heavy Equipment Operator - Streets & Drainage 25 Years: Charles Murrell, Fire, Lieutenant City Council Regular Meeting Minutes June 27, 2013 Page 3 of 7 3. REPORTS a. Receive a report from the Economic Development Alliance regarding Year Four of the Economic Development Services Agreement for Tourism and Promotional Services. City Manager Leiper presented the agenda item and stated that the partnership with the alliance is to help expand the City's tourism in the regional area. Mr. Chad Burke, President/CEO of the Economic Development Alliance presented a report to the Mayor and City Council regarding year four (4) of the Economic Development Services Agreement for Tourism and Promotional Services. He stated that some of their efforts included the artwork on the tanks, the gateway projects, and the corridor standards. He stated that they have a $73,000 grant ready to reimburse the city for the costs offset for the gateway project and will assist the city with receiving another $25,000 through HGAC. Mr. Burke stated that they host an outlook conference that allows for the region stakeholders to forecast what's going on and have various committees that do a lot of networking with businesses. Council Member Sain inquired as to who would maintain the logos and paintings on the highway corridor. Mr. Burke stated that they were funded by the San Jacinto Historic Foundation District with a two (2) year warranty, so if anyone notices that they are fading to contact the alliance and they will have the contactor come out and take care of it. 4. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the consent agenda items 4.a through 4.f. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Member Robert C. Hoskins, Member Mercedes Renteri a Member Scott Sheley Nays: None Approved Council Member Brandon Capetillo, Council Council Member David McCartney, Council III, Mayor Pro Tern Terry Sain, Council a. Consider an ordinance authorizing an Economic Development Agreement for Tourism and Promotion Services with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the San Jacinto Texas Historic District. ORDINANCE NO. 12,278 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 AN ECONOMIC City Council Regular Meeting Minutes June 27, 2013 Page 4 of 7 DEVELOPMENT AGREEMENT FOR TOURISM AND PROMOTION SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT REGION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO /100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances, Baytown, Texas, to clarify that the regulations are for events to which the public is invited and to provide an exception for certain promotional events. ORDINANCE NO. 12,279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" BY AMENDING SUBSECTION (A) "GENERALLY" RENUMBERING SUBSECTIONS (N) "LIMITED EXEMPTION" AND (0) "VIOLATION" AS SUBSECTIONS (0) "LIMITED EXEMPTION" AND (P) "VIOLATION," AND ADDING A NEW SUBSECTION TO BE NUMBERED AND ENTITIELD SUBSECTION (N) "EXCEPTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THAT THE REGULATIONS ARE FOR EVENTS TO WHICH THE PUBLIC IS INVITED AND TO PROVIDE AN EXCEPTION FOR CERTAIN PROMOTIONAL EVENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc., formally known as Altivia Corporation. ORDINANCE NO. 12,280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH BRENNTAG SOUTHWEST, INC., SUCCESSOR IN INTEREST TO ALTIVIA CORPORATION, FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY -FOUR AND NO /100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 27, 2013 Page 5 of 7 d. Consider an ordinance authorizing a cooperative purchasing agreement with the City of Dickinson. ORDINANCE NO. 12,281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF DICKINSON; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an addendum to the Interlocal Agreement with the City of Humble for the Short -Term Employee Staging Center. ORDINANCE NO. 12,282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE INTERLOCAL AGREEMENT WITH THE CITY OF HUMBLE FOR SHORT -TERM SHELTER OF ESSENTIAL EMPLOYEES DURING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider a resolution authorizing the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ( "JAG ") Program, FY2013 Local Solicitation on behalf of the Baytown Police Department. RESOLUTION NO. 2250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ( "JAG ") PROGRAM, FY 2013 LOCAL SOLICITATION IN THE AMOUNT OF TWENTY -ONE THOUSAND THREE HUNDRED FORTY - NINE AND NO /100 DOLLARS ($21,349.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. APPOINTMENTS City Council Regular Meeting Minutes June 27, 2013 Page 6 of 7 a. Conduct the election of the Baytown City Council Mayor Pro Tem. Mayor DonCarlos presented the agenda item and stated that currently, Council Member Terry Sain serves as the Mayor Pro Tem and the next Council Member for consideration was Council Member Robert Hoskins. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the election of Council Member Robert Hoskins as Mayor Pro Tem 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 6. MANAGER'S REPORT a. The City of Baytown Jenkins Disc Golf Course is now open to the public. City Manager Leiper presented the agenda item and stated that the Jenkins Park Disc Golf Course opened. He stated that the course should take approximately two (2) hours to play and a disc golf tournament is scheduled for August 24th. b. Present the 3rd and 4th of July Celebration schedule and entertainment for 2013. City Manager Leiper stated that the 4th of July Celebration will start on June 3rd at 6:00 P.M., with "Molly and the Ringwalds" and the headliner for the evening, "Eddie Money ", who will take center stage at 8:00 P.M. He stated that on July 4th at 7:00 A.M., the 24th Annual Baytown Bud Heatwave 5 Mile Run kicks off and the annual festival will reconvene at 4:30 P.M. with the opening of the vendor booths and entertainment by local musician Breelan Angel followed by the Annual 4th of July Parade at 5:30 P.M. City Manager Leiper stated that the parade will be followed by country music legend, "Johnny Lee" at 6:00 P.M., and the traditional July 4th Ceremonies to begin at 7:45 P.M., with this year's headliner, Texas country music stars, The Randy Rogers Band, to take the stage at 8:00 P.M., followed by the Annual Fireworks Extravaganza at 9:30 P.M. City Manager Leiper thanked Lee College for their generosity in allowing the City to utilize Tucker Hall during the renovations of the council chamber. He stated that the MDD meeting would be on July 11th, followed by a reception ribbon cutting for the I" meeting since the renovations of the Council Chamber. He stated that there would be trainings on the new electronic equipment in the Chamber prior to the 1" meeting. Additionally, he recommended scheduling the budget work session on August 01, 2013 after the MDD meeting. City Council Regular Meeting Minutes June 27, 2013 Page 7 of 7 7. ADJOURN A motion was made by Council Member Scott Sheley and seconded by Council Member Councilmember David McCartney adjourning the June 27, 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 Ill, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the June 27, 2013, City Council Regular Meeting at 7:21 P.M.