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2013 07 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 11, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 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 Anus Mayor DonCarlos convened the July 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. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on June 27, 2013. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C. Hoskins approving the June 27, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None City Council Regular Meeting Minutes July 11, 2013 Page 2 of 11 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Sonia Barrett requests to address Council to invite them to attend a play and fundraiser by the Priceless Princess / Prince Charming organization. Ms. Barrett invited the Council to attend a play by the Priceless Princess/Prince Charming Organization held on Friday, July 12, 2013 at Cedar Bayou Baptist Church starting at 6:30 P.M. b. Present a proclamation designating the Month of July as Fair Housing Month for the City of Baytown. Ms. Patti Jett, Public Affairs Coordinator presented the item and Mayor DonCarlos presented Ms. Tiffany Foster, Assistant Director of Planning and Development Services Department a proclamation designating the Month of July as Fair Housing Month for the City of Baytown. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing Amendment No. 1 to the Industrial District Agreement with Chevron Phillips Chemical LP, to provide advance funding for new police officers. City Manager Leiper presented the agenda item and stated that the City and Chevron Phillips entered into an IDA for tax years 2010 through 2016. He stated that under the Amendment, the parties agree that in addition to its IDA payment, Chevron Phillips will make the following payments to the City: $300,000 in December 2013 and $500,000 in December 2014, in December 2015, and in December 2016. He stated that the City will credit a portion of the monies tendered pursuant to this Amendment against future industrial district payments with the exception to the fourth year. He stated that in an effort to keep the 20% contribution equal, the first three (3) years would be reimbursed at 80% and the fourth year at 100 %. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,283. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes July 1 l , 2013 Page 3 of 11 ORDINANCE NO. 12,283 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 THE FIRST AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance calling for the City of Baytown General Election to be held on November 5, 2013, for the purpose of electing three council members from the respective council districts, numbers 1, 2 and 3. City Manager Leiper presented the agenda item and stated that this is the first City of Baytown General Election, which will be held on the November uniform election date instead of the May uniform election date; a change that resulted from Senate Bill 100 passed in the last Texas Legislative Session. He stated that because the general election is in November, the City must contract with Harris County for election services; thus, many of the details regarding the election have not been finalized at this time. City Manager Leiper stated that the lists of important dates regarding the upcoming election are as follows: • The first day to file for a place on the ballot is on July 27, 2013; however, since this day falls on a Saturday, the first day to file will be the following Monday, July 29, 2013, during regular office hours, with the City Clerk (the Mayor's designee). • The last day to file for a place on the ballot is Monday, August 26, 2013. • The candidate drawing for positions on the ballot will take place on Tuesday, August 27, 2013, at 10:00 A.M. in City Hall. • The last day to for a candidate to withdraw his/her name to be omitted from the ballot is on September 03, 2013, during regular office hours. • Early voting by personal appearance will take place from Monday, October 21st through Friday, November 01, 2013. Election Day is on November 05, 2013. City Manager Leiper stated that the candidate packet for this election is available in the City Clerk's Office for pickup, as well as, on the City's website where it can be downloaded. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,284. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes July 11, 2013 Page 4 of 11 ORDINANCE NO. 12,284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR COUNCIL DISTRICTS ONE (1), TWO (2) AND THREE (3) OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution setting a budget work session to discuss the Fiscal Year 2013- 14 Municipal budget. City Manager Leiper presented the agenda item and stated that the City Charter requires the City Manager to submit the proposed budget to Council at least 60 days prior to the beginning of the fiscal year and that the proposed budget will be provided at the next Council meeting. He stated that in years past, the Council has called a series of work sessions in early August to review the budget and proposed to call a Special Work Sessions for August 01, 2013 at 6:00 P.M. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2251. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL WORK SESSION MEETING TO BE HELD ON AUGUST 1, 2013, AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 11, 2013 Page 5of11 b. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development (HUD) for the 2013 -14 Community Development Block Grant (CDBG) funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. City Manager Leiper presented the agenda item and stated that Resolution No. 2252 authorizes the City Manager to submit an application to HUD for the 2013 -14 CDBG funds and also designate the City Manager as the authorized representative to accept and affirm any grant awarded as a result of the application. He stated that on June 11, 2013, the proposed budget was recommended for adoption by the Community Development Advisory Committee ( "CDAC "). City Manager Leiper stated that staff solicited funding proposals from local organizations for programs designed to benefit low to moderate income persons and received 12 proposals totaling a little of one million dollars. He stated that the CDAC held two public hearings to hear the requests and ask questions and held two subsequent meetings to discuss the proposals and prepare a budget recommendation. City Manager Leiper stated that on June I I ", the CDAC finalized its budget recommendation, which included 10 programs totaling $742,895. He stated that the recommended budget was made available to the public for review and the Community Development Division held a public hearing on May 21st to receive comments and there were no written comments received. City Manager Leiper stated that staff concurs with the CDAC recommended programs. He stated that City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget which will be submitted to HUD as the 2013 -14 CDBG Action Plan on or before August 15, 2013. Additionally, he stated that this year's CDBG entitlement would be $660,650 with anticipated unexpected funds of $35,000 and anticipated income of $47,245 a total of $742,895. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Resolution No. 2252. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2013 -2014 COMMUNITY DEVELOPMENT City Council Regular Meeting Minutes July 11, 2013 Page 6 of 11 BLOCK GRANT FUNDS; 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. C. Consider a resolution naming the East Baker Road Extension Project. City Manager Leiper presented the agenda item and stated that an estimated three (3) months ago an item was put on the agenda to discuss options and alternatives for naming the East Baker Road extension. He stated that for Council's consideration, staffs recommendation remains unchanged that the extension of Baker Road should be East Baker and to work with the residents of the current East Baker Road and Chaparral Road to rename their streets. Mayor DonCarlos stated and made a recommendation that those having suggested names for the road submit them in writing to the City Manager's Office to be provided at the second Council meeting in July. City Manager Leiper stated that the recommended names should be sent to Ms. Rachel Philo, Executive Assistant in the City Manager's Office. No action was taken on this item. Mayor DonCarlos recommended that the agenda be taken out of order to consider the consent agenda items 6.a. through 6.f. 6. CONSENT Council Member Hoskins requested that agenda item 6.c. be considered separately. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 6.a., 6.b., 6.d., 6.e., and 6.f. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the funding of a portion of the Buc -ee's Economic Development Project. City Council Regular Meeting Minutes July 11, 2013 Page 7 of 11 ORDINANCE NO. 12,285 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 THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE FUNDING OF A PORTION OF THE BUC -EE'S ECONOMIC DEVELOPMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Change Order No. 2 to the construction contract with SKE Construction, LLC, for the Allenbrook Road Waterline Rehabilitation Project. ORDINANCE NO. 12,286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH SKE CONSTRUCTION, LLC, FOR THE ALLENBROOK ROAD WATERLINE REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($206,250.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the closeout and acceptance of the Annual Crack Seal Project. ORDINANCE NO. 12,287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ANNUAL CRACK SEAL PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -SIX THOUSAND ONE HUNDRED TWENTYFIVE AND NO /100 DOLLARS ($26,125.00) TO SCR CONSTRUCTION COMPANY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances to amend Schedule VIII "Designation - No Parking Zones" to designate portions of Robin Road, Lazy Lane, Tanglewood Drive, Honeysuckle Drive, and Caldwell Street as no parking zones. ORDINANCE NO. 12,288 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 III "DESIGNATION — NO PARKING ZONES" City Council Regular Meeting Minutes July 11, 2013 Page 8 of 11 TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF ROBIN ROAD, LAZY LANE, TANGLEWOOD DRIVE, HONEYSUCKLE DRIVE, AND CALDWELL STREET WITHIN THE CITY IN HARRIS COUNTY; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of and Change Order No. 1 to the Annual Recycling Center Contract with Waste Management of Texas. ORDINANCE NO. 12,289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER CONTRACT; AUTHORIZING CHANGE ORDER NO. 1 TO SUCH CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FOUR THOUSAND FIVE HUNDRED TWENTY -TWO AND 78/100 DOLLARS ($34,522.78); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6.c. Consider an ordinance authorizing the closeout and acceptance of the Annual Crack Seal Project. ORDINANCE NO. 12,290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO SEAWAY CRUDE PIPELINE CO., LLC, TO INSTALL ONE NEW 30 -INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving consent agenda item 6.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Mayor Pro Tern Robert C. Hoskins (Abstain) City Council Regular Meeting Minutes July 11, 2013 Page 9 of 11 Approved 5. REPORTS a. Receive the 2013 -14 Fiscal Year Budget of the Baytown Crime Control and Prevention District. City Manager Leiper presented that item and stated that the Board of Directors ( "Board ") of the Baytown Crime Control and Prevention District ( "CCPD ") met on July, 09, 2013, and approved its 2013 -14 Fiscal Year budget. He stated that in compliance with State law the Board is submitting the budget to the City Council within 10 days after the budget is adopted. He stated that Council must hold a public hearing on the proposed budget no later than 45 days before October 01, 2013, and must approve or reject the proposed budget no later than 30 days prior to the start of the fiscal year. He stated that Council is not be allowed to change the budget and if they have a concern about the budget a joint meeting with the CCPD Board would be scheduled to resolve the issue. Additionally, City Manager Leiper stated that no action was required by the Council as this item only acknowledges that the Board has submitted its budget and that the City Council has received it. b. Receive a report on the Comprehensive Plan Annual Report and Strategic Action Plan. City Manager Leiper presented this item and stated that the Comprehensive Plan Annual Report and Strategic Action Plan provided a continuing focus on the implementation of the Plan and highlighted the accomplishments and the status of efforts to implement the Comprehensive Plan. He stated that no action was required on this item as Council is only required to receive said report. C. Receive a summary of the 2013 Teen Survey. Council Member Sheley presented the agenda item and members of the YAC presented a summary of the 2013 survey results. The results reflected an overall view compiled from 3,975 young adults from the various Baytown High Schools. Although appreciative of the many developments within the last couple of years, from the results of the survey the teens are looking for better clothing stores, a more attractive mall, a teen recreational facility, and a teen center. The teens also proposed adding a link to the GCCISD and City of Baytown website to be able to express their opinions, ideas, and viewpoints on all types of issues. 7. APPOINTMENTS a. Consider three (3) appointments to the Baytown Area Water Authority. City Manager Leiper presented the agenda item and stated that currently Mr. Wayne Baldwin, Mr. Dan M. Mundinger, and Mr. Mike Wilson terms are set to expire on August 31, 2013. Mr. Baldwin and Mr. Wilson desire reappointment, and Mr. Frank McKay III applied to fill the seat City Council Regular Meeting Minutes July 11, 2013 Page 10 of 11 left open by Mr. Dan Mundinger. City Manager Leiper stated that if appointed their two (2) year terms would begin September 01, 2013. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving the appointments of Mr. Wayne Baldwin, Mr. Mike Wilson, and Mr. Frank McKay III to the BAWA Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved b. Consider five (5) appointments to the Baytown Board of Adjustment. City Manager Leiper presented the agenda item and stated that Dr. David Corder, Ms. Kay Carmon, Mr. Gilbert Santana, Mr. Mike Wilson, and Ms. Barbara Wooster terms are set to expire on July 27, 2013. He stated that all desire reappointment for a term that will expire on July 27, 2015 with the exception of Ms. Carmon who does not desire reappointment. City Manager Leiper stated that there is no application on file to fill the vacant position at this time. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the appointments of Dr. David Corder, Mr. Gilbert Santana, Mr. Mike Wilson, and Ms. Barbara Wooster to the Baytown Board of Adjustment. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved C. Consider three (3) appointments to the Baytown Construction Board of Adjustments and Appeals. City Manager Leiper presented the agenda item and stated that there were currently two (2) vacancies on this Board that require appointments. He stated that Mr. Tom Hughes is being considered for the member at large position and Mr. Tito Pagan is being considered for the master plumber position. City Council Regular Meeting Minutes July 11, 2013 Page 11 of 11 A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving the appointments of Mr. Tom Hughes and Mr. Tito Pagan to the Baytown Construction Board of Adjustments and Appeals. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 11I, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved 8. MANAGER'S REPORT City Manager Leiper extended his thanks to PGAL, RUSHWORKS, J.L. Stonewall and all the staff that helped support and complete the council chamber renovations. 9. ADJOURN A motion was made by Council Member Mercedes Renteria 111 and seconded by Council Member Scott Sheley adjourning the July 11, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 11, 2013, City Council Regular Meeting at 7:26 P.M.