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2013 07 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 25, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 25, 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 Council Member Council Member Council Member Council Member Council Member 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 July 25, 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 Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on July 11, 2013. Consider approving the minutes of the City Council Regular Meeting held on June 27, 2013. Council Member Hoskins made corrections to the minutes to show that (1) item 6.c. be listed as the consideration of an ordinance granting a Pipeline Permit to Seaway Crude Pipeline Co., LLC to install one new 30 -inch pipeline and (2) that Council Member Hoskins abstained from the vote. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving the July 11, 2013, City Council Regular Meeting minutes as amended. The vote was as follows: City Council Regular Meeting Minutes July 25, 2013 Page 2 of 25 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 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Michelle Phillips requests to address Council to request Saturday, December 21st, as the date for this year's toy drive. Ms. Michelle Phillips invited all members of Council to attend this year's toy drive, which is scheduled to take place on Saturday, December 21, 2013. b. Mr. Russell Foster requests to address Council concerning cleanup efforts for the old West Little League field. Mr. Foster was not in attendance. C. Ms. Deana Hebert requests to appear before Council to ask the Baytown Police Department to assist with investigating circumstances around her daughter's disappearance. Ms. Deana Hebert spoke to Council in regards to the investigation and disappearance of her daughter Bianca Lozano, who was kidnapped by her biological father Juan Antonio Lozano more than 18 years ago. Ms. Hebert requested that the Baytown Police investigate information she felt were indicative of where her daughter was being held in Mexico. Chief Dougherty stated that the Baytown Police Department had and will continue to work with all agencies to help Mr. Hebert find her daughter and that detectives were currently working to follow up on the leads that Ms. Hebert provided the Department. Mayor DonCarlos stated that the City would follow through with its investigation and encouraged staff to continue to work with sister agencies to help Ms. Hebert. d. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). 5 YEARS: Juan DeLaCruz, Patrol Officer Dustin Sieber, Health, Environmental Health Specialist II Chad Brown, Detention Officer Glenn Loyd, Patrol Officer Christopher Turner, Public Works, Utility Maintenance Technician - Utility Transmission City Council Regular Meeting Minutes July 25, 2013 Page 3 of 25 Samantha Villalon, Human Resources, Employment Specialist Porfirio Rodriguez, Patrol Officer 15 YEAR Lionel Williams, Assistant Director of Human Resources Kevin Davis, Patrol Officer 3. DISANNEXATION OF APPROXIMATELY 43.8 ACRES OF LAND a. Conduct the first public hearing regarding the proposed disannexation of approximately 43.8 acres located on the north side of the I -10 feeder road, west of Thompson Road, legally known as a portion of land out of the Nathaniel Lynch Survey, Abstract 55, Harris County, Texas. Mayor DonCarlos open the first public hearing regarding the proposed disannexation of approximately 43.8 acres located on the north side of the I -10 feeder road, west of Thompson Road, legally known as a portion of land out of the Nathaniel Lynch Survey, Abstract 55, Harris County, Texas at 6:48 p.m. City Manager Leiper stated that the City entered into a Strategic Partnership Agreement (SPA) with Lake Municipal Utility District (Lake MUD) and annexed a portion of its land for limited purposes on June 27, 2005. The agreement allowed the City to impose certain regulations and to collect sales and use tax on any commercial development in the area. Since that time, the area has been developed into residential lots as West Meadows subdivision instead of the commercial uses by Lake MUD. The City and Lake MUD agree to the disannexation of this area because there are no plans for commercial development within the West Meadows subdivision. With there being no one signed up to speak on this item, Mayor DonCarlos closed this public hearing at 6:49 p.m. 4. REZONING 10.01 ACRES OF LAND a. Conduct the public hearing regarding an application to rezone 10.01 -acres located approximately 2,000 feet west of SH 146 adjacent to the Interstate 10 eastbound feeder road from an Open Space /Recreation (OR) zoning district to a General Commercial (GC) zoning district for the proposed Bayou Bend RV Park. Mayor DonCarlos opened the public hearing at allowing all interested parties to speak and be heard regarding an application to rezone a 10.01 -acre parcel of land located 2,000 feet west of SH 146 adjacent to the Interstate 10 eastbound feeder road from an Open Space/Recreation (OR) zoning district to a General Commercial (GC) zoning district for the proposed Bayou Bend RV Park at 6:50 p.m. City Council Regular Meeting Minutes July 25, 2013 Page 4 of 25 City Manager Leiper stated that the parcel in question was recently annexed by the City on May 23, 2013, and that all newly annexed properties are placed in an Open Space /Recreation (OR) zoning district. It was the intent at the time of the annexation that the owner would request rezoning, as OR does not allow for the development of RV parks. City Manager Leiper stated that the RV Park will adhere to the standards pursuant to Chapter 58 of the Code regulating development and licensing of RV parks and the Planning and Zoning Commission voted in favor of the zoning amendment at their July 16`h meeting. With there being no one signed up to speak on this item, Mayor DonCarlos closed the public hearing at 5:51 p.m. b. Consider an ordinance rezoning a 10.01 -acre parcel of land located 2,000 feet west of SH 146 adjacent to the 1 -10 eastbound feeder road from an Open Space /Recreation (OR) zoning district to a General Commercial (GC) zoning district. City Manager Leiper stated that since this item was for rezoning, it required a six vote for approval. A motion was made by Mayor Pro Tem Robert C. Hoskins, and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12,291. The votes are 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 ORDINANCE NO. 12,291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING APPROXIMATELY A 10.01 -ACRE PARCEL OF LAND LOCATED 2,000 FEET WEST OF SH 146 ADJACENT TO THE INTERSTATE 10 EASTBOUND FEEDER ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, TO REZONE SUCH PROPERTY FROM OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 25, 2013 Page 5 of 25 5. REZONING COUNTRY CLUB OAKS SUBDIVISION a. Conduct a public hearing regarding an application to amend the Unified Land Development Code to create a new zoning district called Country Club Limited (CCLO that would use the same outline and information as SFI zoning district but would disallow duplexes, accessory dwelling units, and the operation of home businesses. Mayor DonCarlos opened a public hearing allowing all interested parties to speak and be heard regarding an application to amend the text of the Unified Land Development Code (ULDC) in order to create a new zoning district. This new district mirrors the current SFI zoning district requirements with the exceptions of not allowing accessory dwelling units, duplexes and home occupations at 6:52 p.m. City Manager Leiper stated that when the City adopted the zoning map for the ULDC, this issue came forward and Council, at that time, directed the residents to the Planning and Zoning Commission for further processing, and the results of that process is before the Council this evening. City Manager Leiper stated that Country Club Oaks has 17 sections in it over the course of its development; one third of those are large lots and two thirds of those are small lots. The difference in the lots sizes is the reason why a portion of Country Club Oaks is zoned as SF 1 and the other portion is SF2. City Manager Leiper also stated that one of the goals of the ULDC process was to zone areas within the City according to what was on the ground and have a map with the least amount of non - conforming uses as possible. Currently, under the newly adopted ULDC, the following are allowed: 1. Accessory dwelling units as an accessory use to an otherwise allowed detached single - family dwelling; 2. A home occupation that does not exceed 25% of the heated/air conditioned space of the dwelling unit; and 3. Duplexes throughout the currently zoned SF2 parcels generally located in the eastern sections of Country Club Oaks. City Manager Leiper stated that some residents of Country Club Oaks object to accessory dwellings, home occupations and duplexes in their neighborhood basing that objection on the deed restrictions. He further stated that duplexes and home occupations were allowed in the zoning district applicable to the Country Club Oaks subdivision in the previous 1995 zoning code; and to our knowledge, there have been no applications to construct a duplex since then. Mr. Leiper also stated that home occupations are not allowed under the Country Club Oaks deed restrictions; however, the association in Country Club Oaks is a civic association; and at this time, the members of the association have stated that they cannot compel all property owners to pay fees resulting in no funding for the civic association to enforce its deed restrictions. The city does not enforce deed restrictions. City Council Regular Meeting Minutes July 25, 2013 Page 6 of 25 City Manager Leiper stated that an alternative to eliminating the accessory dwellings completely and in an effort to help mitigate some of the residents' concerns, he recommended creating a city wide amendment to create a special use permit for the construction of accessory dwellings. This special use permit would require notification to the residents and approval through the Planning and Zoning Commission and the Council prior to being built. The City Manager recommended that any amendments to the ULDC be on a citywide scale in order to ensure the Code remains unified and does not become spot zoned or unmanageable. He cautioned Council against creating zones that mirror deed restrictions because it would make its enforcement unmanageable. Two residents signed up to speak on this item. Cliff Clemens, 4502 Green Tea Drive, stated that he resides within Country Club Oaks and requested that the Council approve the new zoning category for Country Club Oaks, in order to keep the entire residential area in one zoning category and not SF1 and SF2, and to ensure that accessory dwellings and duplexes not be allowed in this area. He further stated that, he as well as other residents, had reservations regarding the impact of these dwellings, many of which are used as rental properties, on their property values. City Manager Leiper stated, in response to Mr. Clemens' comments, that the current zoning SF 1 and SF2 has no impact on the deeds restrictions that are currently in place within Country Club Oaks. He further stated that the deed restrictions superseded the zoning codes because state laws allows for the most restrictive regulations apply. The difference here is that the City is responsible for enforcing the zoning code while the deed restrictions are enforced by the homeowners association or civic association. City Manager Leiper reiterated that duplexes have been allowed in this area since 1995 and there have been no duplexes built since that time because the deed restrictions prohibit it. Kyle Rhodes, 5111 Glen Haven Drive, stated that he resides within Country Club Oaks and supported the idea that this area remain under one zoning and not be split into two sections. He questioned whether Country Club Limited could be grandfathered with its more restrictive rules under the deed regulations instead of those under the new SF 1 and S172 zoning. Mayor DonCarlos stated that he understood the resident's major concerns regarding what people can and cannot do in their neighborhoods and to protect their property values. City Manager Leiper in response to a question from Mayor DonCarlos stated that, a special use permit would be required for accessory dwellings only and not for duplexes. If someone wanted to build a duplex in Country Club Oaks, they would be in compliance with city regulations, therefore, the construction would have to be stopped by the homeowner's association through their deed restrictions. Also, City Manager Leiper stated that in the current Code there are two separate rules regulating the zoning in Country Club Oaks because the lots are two separate sizes, which impacts the density, the setbacks, etc. Before the new Code, the City only had one residential zoning called Neighborhood Conservation (NC) which was the same specifications for all residential areas City Council Regular Meeting Minutes July 25, 2013 Page 7 of 25 regardless of whether the lots sizes are small or large. The new Code encourages new residential development with larger lot sizes, which resulted in the SF1 and SF1 distinction, with the SF2 having larger lot sizes. In response to Mr. Rhodes' question regarding the grandfathering rules of non - conforming structures, City Manager Leiper stated that, it is not necessary to make rules for every non- conforming structure as the zoning takes care of that aspect. The new zoning will come into effect when there is a vacant lot or when there is sufficient damage to an existing home that they would need to rebuild the structure. In the latter case, the resident would need to seek a variance, in order to build the structure back to its original state because it would not be in conformity with the new zoning. Their other option would be to build a structure under the new rules, setbacks, etc. Further, City Manager Leiper clarified that the intent of the special use permit for accessory buildings would be to add one more requirement to the already existing 14, in order to have the applicant request a special use permit that would then go through the Planning and Zoning Commission and City Council for approval. Ms. Kelly Carpenter, Director of Planning and Development Services concurred with City Manager Leiper in stating that the special use permit would go to the Planning and Zoning Commission and then to Council for approval; this permit would follow the same process as that of a rezoning case, and would require six votes of approval by the Council to pass. City Manager Leiper stated that he understood the resident's concerns regarding duplexes; however, there have been no duplexes built in this area in the last 17 years, and the zoning has not changed in that aspect; duplexes are still allowed, but the deed restrictions prohibit them. City Manager Leiper again stated that his recommendation regarding zoning was anything that was decided needed to be city wide and not just for one section of the city or one neighborhood. He stated that it was important to keep the unified part in the Unified Land Development Code, in order that have the same protections regarding accessory dwellings. Council Member Capetillo stated that he felt that the special use permit for accessory dwellings would help meet a part of the resident's concerns regarding accessory dwellings. Council Member Sheley concurred and stated that the 14 requirements, plus the special use permit addition, gave residents amble notice of what is being built in their neighborhoods. Council Member Terry Sain stated that due to his owning property in Country Club Oaks, he has a conflict of interest regarding this item and would have to refrain from partaking in the discussion and the eventual vote related to this item. City Manager Leiper, in response to a question by Council Member Renteria stated that, the zoning did not supersede the deed restrictions already in place in Country Club Oaks. He further stated that deed restrictions that have less stringent regulation cannot supersede than zoning laws. Council Member McCartney stated that he felt that a new city wide special use permit would help alleviate some of the concerns of the Country Club residents. Council Member Hoskins stated that his concern regarding this item is that by creating a special zone for this one area would then prompt other neighborhoods to request that certain provisions be added of changed to City Council Regular Meeting Minutes July 25, 2013 Page 8 of 25 their zoning. This trend would then place the city back in the position it was before the ULDC, so he felt it was important to keep and fix what we have and not splinter it up. City Manager Leiper stated that because these are zoning items, Council is required to take a vote. They could either make a motion to approve or disapprove the item, depending on the will of the Council and then vote. He further stated that for anyone who would want to build a special use permit for an accessory dwelling, they would file their application with the Planning Department, which would then be processed through the Planning and Zoning Commission and then to the Council for action. After a brief discussion, Council directed Ms. Carpenter to move forward and create the special use permit language and process. Ms. Carpenter stated that staff would create the process, advertise and hold two public hearings with the Planning and Zoning Commission, and then bring this item before the Council; she stated that staff could have this item before the Council probably in the second Council meeting in September. City Manager Leiper, in response to a question by Council Member Capetillo stated that, Country Club Oaks was not divided; it remained a whole unit, but that the subdivision now had two zones within it SF 1 and SF2, which is dependent on the lots size of the tracts. Mayor DonCarlos closed the public hearing at 7:17 p.m. b. Consider an ordinance amending the Unified Land Development Code to create a new zoning district called Country Club Limited (CCL) that would use the same content as the SF1 zoning district but would disallow duplexes, accessory dwelling unit, and the operation of home businesses. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III to approve an ordinance amending the Unified Land Development Code to create a new zoning district called Country Club Limited (CCL) that would use the same content as the SFl zoning district but would disallow duplexes, accessory dwelling unit, and the operation of home businesses. The votes are as follows: Ayes: None Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem. Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria I1I, Council Member Terry Sain, Council Member Scott Sheley Abstain: Council Member Terry Sain Not approved. City Council Regular Meeting Minutes July 25, 2013 Page 9 of 25 C. Conduct a public hearing regarding an application to rezone the Country Club Oaks Subdivision, consisting of approximately 633 parcels, from SF1 and SF2 to the newly created Country Club Limited (CCL). This zoning map amendment request is in concert with the previous zoning text amendment to create the Country Club Limited zoning district, disallowing accessory dwelling units, home occupations, and duplexes. Mayor DonCarlos opened the hearing at 7:19 p.m. Two people signed up to speak on this item. Cliff Clemens, 4502 Green Tree Drive, stated that while he appreciated what was being done as it relates to the special use permit for accessory dwellings, he felt that the best option for them was to have one zoning for all of Country Club Oaks that disallowed duplexes and accessory dwellings. Council Member Capetillo asked if the issue with the duplexes was covered in the deed restrictions. Mr. Clemens stated that the issue with enforcing the deed restrictions was that the volunteer association did not have the money or power to enforce them. Mayor DonCarlos asked if the City could require that a structure be in compliance with deed restrictions and could it be a part of the permit process. City Attorney Ignacio Ramirez responded that the law expressly prohibits the City to enforce deed restrictions and by adding a requirement to the permitting process to comply with deed restrictions, we would in fact be enforcing deed restrictions. City Manager Leiper also stated that if the deed restrictions are recorded, then any resident has the right to enforce them. He also stated that the City would work with Country Club Oaks to help clarify what are the deed restriction processes and help them understand what their regulatory rights are. Mr. Kyle Rhodes, 5111 Glen Haven Drive, asked that if under the new SF2 zoning would Country Club Oaks have to create an HOA. City Manager Leiper responded that they would not have to create a new HOA as they were an existing subdivision, and would therefore be grandfathered in; new subdivision developments would have to comply with this requirement. Mayor DonCarlos closed the hearing at 7:17 p.m. d. Consider an ordinance rezoning the Country Club Oaks Subdivision, consisting of approximately 633 parcels, from SF1 and SF2 to the newly created Country Club Limited (CCL). This zoning map amendment request is in concert with the previous zoning text amendment to create the Country Club Limited zoning district, restricting accessory dwelling units, home occupations, and duplexes. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney to disapprove an ordinance rezoning the Country Club Oaks Subdivision, consisting of approximately 633 parcels, from SF 1 and SF2 to the newly created City Council Regular Meeting Minutes July 25, 2013 Page 10 of 25 Country Club Limited (CCL). This zoning map amendment request is in concert with the previous zoning text amendment to create the Country Club Limited zoning district, restricting accessory dwelling units, home occupations, and duplexes. The votes are as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria I11, Council Member Terry Sain, Council Member Scott Sheley Nays: None Abstain: Council Member Terry Sain Motion passed and not item was not approved. 6. BUDGET FY2013 -14 a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year 2013 -14. City Manager Leiper stated that the City Charter provides in Article V, Section 41 that "[t]he City Manager, at least sixty days prior to the beginning of each budget year, shall submit to the Council a proposed budget and an explanatory budget message in the form, and with the contents, provided by Sections 50 and 52." The Council may accept or modify the proposed budget prior to adoption. Article V, Section 46 of the Charter requires the City Council to adopt an annual budget no later than September 27th of each year, or the City Manager's proposed budget shall be adopted as originally submitted to Council. A City Council Work Session on the proposed budget has been scheduled for August 1, 2013, at 6:00 p.m. in the City Council Chamber. City Manager Leiper stated that he would like to hit upon a couple of highlights in the budget, which are: The budget priorities are to (1) continue to enhance and improve public safety, (2) maintain and where possible expand essential services, (3) attract and retain the highest quality workforce and provide competitive employee benefit programs, (4) implement capital projects and bond programs to ensure out infrastructure keeps pace without growth, (5) continue economic development in all areas, and (6) ensure the long term financial integrity of the city — matching recurring revenues to recurring expenditures and maintaining adequate working capital reserves. The total proposed budget is $162 million, a 15% increase from last year's budget; a lot of that increase is from hotel/motel funds, where we are starting to see our hotels fill back up; the aquatics fund is increasing by over 50% because we are anticipating the revenues from the expansion; the wastewater debt services fund is up almost 50% as we have refunded funds and City Council Regular Meeting Minutes July 25, 2013 Page 11 of 25 issued more debt; the general fund, which is our largest fund is increasing en an estimated 6% and the sewer fund is increasing by 20% because of onetime payment capital fund improvements. City Manager Leiper further stated that he is not recommending a tax increase; there is a 5.85% tax increase in the water and sewer fund that is in line with the 2010 rate study; in the general fund six new officers are being added and one property room technician, three new firefighters to open Fire Station 7; one new combination building inspector to help with the permitting process for the two new GCCISD schools and $1 million is being set aside to help with existing compensation needs. He stated that when the salary negotiations with the fire and police are completed and with the compensation study in hand, staff will present Council with a compensation plan for their review and approval before the end of the year, so changes could take place on January 1, 2014. b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown FY 2013 -14 Proposed Budget. City Manager Leiper stated that Section 43 of the City Charter requires that City Council, at the meeting at which it receives the proposed budget from the City Manager, set the date, time and place for a public hearing on the proposed budget. He suggested that the public hearing regarding the City of Baytown FY 2013 -14 proposed budget be held on Thursday, August 22, 2013, at 6:45 p.m. in the City Council Chamber of Baytown City Hall. A motion was made by Council Member Terry Sain, and seconded by Council Member Mercedes Renteria III, to approve Ordinance No. 12,292. The votes are 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 Approved ORDINANCE NO. 12,292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2013 -2014 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 25, 2013 Page 12 of 25 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing the interlocal agreement for Elevated Storage Tank with Chambers County Improvement District No. 1. City Manager Leiper stated that for purposes of disclosure, he is a member of the Chambers County Improvement District No, 1, as an appointee of Chambers County. He further stated that Ordinance No. 12,293, authorizes the interlocal agreement for Elevated Storage Tank with Chambers County Improvement District No. I (the "District). The District desires to construct a one million - gallon elevated storage tank ( "EST ") in Chambers County and to share equally in the cost of construction of the EST. The tank will be constructed on the "city- side" of the master meter serving CCID #I. Under the agreement, 1. the City will (i) endeavor to acquire the property for the EST, (ii) hire an engineering firm to design the EST, (iii) seek competitive bids for the project once the District has approved the plans and specifications, (iv) award a construction contract for the EST, and (v) keep the District informed of the status of the construction. 2. the District will share the cost associated with the purchase of the property, the design of the EST together with its construction; 50/50 split. Under the agreement, the maximum liability of each party is $1,500,000. The District will pay $100,000 upon the execution of the agreement and its shared costs of the construction upon receipt of bids for the project. The District and the City will true -up all costs after the completion and acceptance of the EST. The construction of this tower will improve water pressure and back- up supplies in the southwest part of Baytown and will help keep us in compliance with TCEQ storage requirements. A motion was made by Council Member David McCartney, and seconded by Council Member Brandon Capetillo, to approve Ordinance No. 12,293. The votes are 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 Approved City Council Regular Meeting Minutes July 25, 2013 Page 13 of 25 ORDINANCE NO. 12,293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT FOR AN ELEVATED STORAGE TANK WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND AND NO 1100 DOLLARS ($1,500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 to amend Schedule VIII "Designation - No Parking Zones" to designate a portion of Market Street as a no parking zone. City Manager Leiper stated that This ordinance amends 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 a portion of Market Street as a no parking zone. Staff received a request from Goose Creek Consolidated Independent School District ( "GCCISD ") for placement of four "No Parking" signs on Market Street in front of Robert E. Lee High School. GCCISD expressed concerns regarding vehicle safety and the safety of Robert E. Lee High School students exiting the front of the school located at 1809 Market Street. Vehicles are parking in both northbound lanes of traffic to drop off and pick up students. The "No Parking Zone" will consist of 4 "No Parking Signs" covering 1000' as the signs are placed 250' apart. City Manager Leiper stated that the City of Baytown's Engineering Department and Development Review Committee have evaluated the placement of the "No Parking" signs and disagrees with this solution. City Manager Leiper stated that if this ordinance is approved, it would be the police department's responsibility to enforce these parking rules versus the school district who is the primary responsible party in this matter; staff did not recommend approval of this item. Council briefly discussed this item and asked the staff to work with the high school to find alternative solutions to their parking issues. A motion was made by Council Member Terry Sain, and seconded by Council Mercedes Renteria III, to disapprove 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 a portion of Market Street as a no parking zone. The votes are as follows: City Council Regular Meeting Minutes July 25, 2013 Page 14 of 25 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 The vote passed and the item was not approved C. Consider an ordinance authorizing the initiation of condemnation proceedings under Chapter 21 of the Texas Property Code and the use of eminent domain to condemn the utility easements. City Manager Leiper stated that Ordinance No. 12,294 authorizes the initiation of condemnation proceedings under Chapter 21 of the Texas Property Code and the use of eminent domain to condemn the following utility easements for the Raccoon Road 24 -Inch Force Main Project: 1. 20 -foot utility easement from William and Tiffany Gammel and 2. 10 -foot utility easement from Craig Cox and his lienholder Community Bank of Texas, N.A. The City has been working with the owners to obtain the necessary easement for approximately five months, but such efforts have been unsuccessful. As such, this proposed ordinance allows the City Attorney to take actions necessary to acquire the easements. A motion was made by Mayor Pro Tern Hoskins to approve the item. City Attorney Ramirez asked that this item be postponed until such time that the specific wording needed for condemnation cases be given to Council by the Legal Department. Mayor Pro Tern Robert Hoskins to his original motion; table the item and move to the next item, the motion was seconded by Council Member David McCartney. The votes are 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 Approved 8. PROPOSED RESOLUTIONS a. Consider a resolution naming the East Baker Road Extension Project. City Manager Leiper stated that per Council direction, this item has been placed on this agenda City Council Regular Meeting Minutes July 25, 2013 Page 15 of 25 to allow Council to discuss and take action regarding the naming of the resulting road of the East Baker Road Extension Project. A motion was made by Mayor Pro Tern Robert Hoskins to name the proposed road Sgt. Robert Joe Montgomery Blvd.; the motioned failed for lack of a second. A motion was made by Council Member Brandon Capetillo, and seconded by Council Member Mercedes Renteria III to approve Ordinance No. 12,291 naming the new road Blue Heron Parkway. The votes are 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 9. DISCUSSIONS a. Receive the 2013 -14 Fiscal Year Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. City Manager Leiper stated that the Board of Directors ( "Board ") of the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) met on July 16, 2013, and approved its 2013 -14 Fiscal Year budget. In accordance with the alternative budget procedures adopted by the FCPEMSD, the Board is required to submit the budget to the City Council within 10 days after the budget is adopted. As such, this agenda item acknowledges that the Board has submitted its budget and that the City Council has received it. After the budget has been received by the City Council, the following will occur: • The City Clerk will publish notice of the City Council's public hearing for the proposed budget no later than 10 days before the public hearing; • The City Council will hold a public hearing on the proposed budget no later than 45 days before October 1, 2013; and • The City Council must approve or reject the proposed budget no later than 30 days before October 1, 2013. • The City Council may not amend the proposed budget, only approve or reject it. If it is rejected, the City Council and the Board shall meet and together amend and approve the budget before October 1, 2013. City Council Regular Meeting Minutes July 25, 2013 Page 16 of 25 The public hearing for this budget is scheduled for August 8, 2013, and consideration for the approval of the budget is scheduled for August 22, 2013. The budget was received by Council. 10. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2013. Ms. Louise Richman, Finance Director stated that the City's revenues are doing very well this year with a strong sales tax at 80% of the budget; property tax collections are 4.44% over budget and IDA revenues are over budget by 3 %. She further stated that the investment returns are higher than the anticipated benchmark, HOT revenues are 7.87% over budget and the aquatics revenues are at $1.2 million and $55, 000 for Calypso Cove. Ms. Richman stated that expenditures are on target with the budget and the City's investment yield was 1.723% and $144 million. A motion was made by Mayor Pro Tern Robert Hoskins to bring back item 7.c. from table, and seconded by Council Member Terry Sain. The votes are 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 an ordinance authorizing the initiation of condemnation proceedings under Chapter 21 of the Texas Property Code and the use of eminent domain to condemn the utility easements (CONTINUED). A motion was made by Mayor Pro Tern Robert Hoskins, and seconded by Council Member Mercedes Renteria III to move that the City of Baytown authorizes the use of the power of eminent domain to acquire a portion of TR 213, TR 21A, Abst 4 W. Bloodgood and Abstract 1644 J P Sjolander consisting of 18,792 square feet owned by William and Tiffany Gammel for a 20 -foot wide utility easement; and a portion of Tr 22 and 213, Abstract 1644 J P Sjolander and Abstract 4 William Bloodgood consisting of 13,167 square feet owned by Craig Cox for a 10- foot wide utility easement for the Raccoon Road 24 -incvh Force Main Project. The votes are 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 ORDINANCE NO. 12,294 City Council Regular Meeting Minutes July 25, 2013 Page 17 of 25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE A 10 -FOOT WIDE SANITARY SEWER EASEMENT CONSISTING OF APPROXIMATELY 0.30 ACRES (13,167 SQUARE FEET) OF LAND OUT OF THAT CERTAIN 87.47 ACRE TRACT OF LAND DESCRIBED IN A CONVEYANCE TO JULIE S. TYSOR, TRUSTEE, RECORDED UNDER FILE NUMBER T309427 IN THE OFFICIAL PUBLIC RECORDS OF HARRIS COUNTY, TEXAS, AND OUT OF THAT PORTION OF SAID 87.47 ACRE TRACT DESCRIBED IN CONVEYANCE TO CREIG COX AND RECORDED UNDER FILE NO. 201201600028 IN THE OFFICIAL PUBLIC RECORDS OF HARRIS COUNTY, TEXAS, BEING APPROXIMATELY 13,167 SQUARE FEET, AND THE NECESSITY TO ACQUIRE A 20 -FOOT WIDE SANITARY SEWER EASEMENT CONSISTING OF APPROXIMATELY 0.43 ACRES (18,792 SQUARE FEET) OF LAND OUT OF THE RESIDUE OF THAT CERTAIN 16.536 ACRE TRACT OF LAND DESCRIBED IN CONVEYANCE TO WILLIAM R. GAMMEL AND WIFE, TIFFANY S. GAMMEL RECORDED UNDER FILE NUMBER X320805 IN THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS, BEING APPROXIMATELY 18,792 SQUARE FEET FOR THE RACCOON ROAD 24- INCH FORCE MAIN PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE SANITARY SEWER/FORCE MAIN AND ASSOCIATED USES; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. CONSENT A motion was made by Council Member Scott Sheley, and seconded by Council Member David McCartney to approve items I La - k. The votes are as follows: City Council Regular Meeting Minutes July 25, 2013 Page 18 of 25 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 Approved a. Consider an ordinance authorizing the renewal of a portion of the Annual Mosquito Control Chemicals Contract and authorizing the sole source purchase of Ready -To -Use Pyrethroid with Synergist -ULV, from Clarke Mosquito Control. ORDINANCE NO. 12,295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING A PORTION OF THE ANNUAL MOSQUITO CONTROL CONTRACT WITH ADAPCO, INC., FOR ITEM NOS. 10 AND 13, WITH TARGET SPECIALTY PRODUCTS, F/K/A B & G CHEMICALS & EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3,4 AND 12, AND WITH UNIVAR USA, INC., FOR ITEM NOS. 1, 8, AND 9; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -SIX THOUSAND AND NO /100 DOLLARS ($46,000.00) FOR SUCH RENEWALS; AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -FOUR THOUSAND AND NO 1100 DOLLARS ($54,000.00) TO CLARKE MOSQUITO CONTROL, AS THE SOLE SOURCE, FOR THE PURCHASE OF READY -TO -USE PYRETHROID WITH SYNERGIST -ULV; MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of the Annual Cleanup and Mowing Contract for the Health Department to McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc. ORDINANCE NO. 12,296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO 1100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 25, 2013 Page 19 of 25 C. Consider an ordinance authorizing the emergency purchase of two (2) blowers and one (1) motor for the Baytown Central District Wastewater Treatment Plant. ORDINANCE NO. 12,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -EIGHT THOUSAND EIGHT HUNDRED THIRTEEN AND NO /100 DOLLARS ($88,813.00) TO COASTAL PUMP SERVICES, INC., FOR THE EMERGENCY PURCHASE TWO (2) BLOWERS AND ONE (1) MOTOR FOR THE BAYTOWN CENTRAL DISTRICT WASTEWATER TREATMENT PLANT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the sole source purchase of detection instrumentation for the Fire Department from Smiths Detection. ORDINANCE NO. 12,298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY -ONE THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($81,400.00) TO SMITHS DETECTION FOR THE PURCHASE OF DETECTION INSTRUMENTATION FOR THE BAYTOWN FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of an EOD Response Team Trailer for the Baytown Police Department Bomb Squad from Industrial Trailer Company. ORDINANCE NO. 12,299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INDUSTRIAL TRAILER COMPANY FOR AN ENCLOSED TRAILER FOR THE POLICE DEPARTMENT'S EXPLOSIVE ORDNANCE DISPOSAL ( "EOD ") RESPONSEUNIT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY -ONE THOUSAND NINE HUNDRED FORTY -TWO AND NO /100 DOLLARS ($61,942.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 25, 2013 Page 20 of 25 f. Consider an ordinance authorizing the sole source purchase and installation of three (3) community warning sirens from Federal Signal Corporation and related expenses in an amount not to exceed $80,000. ORDINANCE NO. 12,300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO /100 DOLLARS ($80,000.00) TO FEDERAL SIGNAL CORPORATION FOR THE PURCHASE OF DETECTION INSTRUMENTATION FOR BAYTOWN'S OFFICE OF EMERGENCY MANAGEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance awarding the housing reconstruction projects located at 2116 Carolina Street; and 2207 Alabama Street. ORDINANCE NO. 12,301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECTS LOCATED AT 2116 CAROLINA STREET AND 2207 ALABAMA STREET TO VILLARREAL YCIA, FOR THE SUM OF ONE HUNDRED TEN THOUSAND AND NO /100 DOLLARS ($110,000.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance amending Chapter 102 "Vehicles for Hire," Article III "Tow Trucks" of the Code of Ordinances, Baytown, Texas, to require official identification of tow truck operators performing non - consent tows and the submission of a copy of each tow truck operator's state license and photo to the City. ORDINANCE NO. 12,302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 2 "CONSENT AND NONCONSENT TOWS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 102 -175 "OFFICIAL IDENTIFICATION; DISPLAY" TO REQUIRE AN OFFICIAL IDENTIFICATION FOR TOW TRUCK OPERATORS PERFORMING NONCONSENT TOWS PURSUANT TO THIS ARTICLE; AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 3 "PERMIT," SECTION 102 -196 "APPLICATION," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE City Council Regular Meeting Minutes July 25, 2013 Page 21 of 25 TOWING COMPANIES TO SUBMIT WITH THEIR APPLICATIONS INFORMATION CONCERNING THEIR TOW TRUCK OPERATORS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing a service agreement with the State of Texas Department of Information Resources /Communications Technology Services for TEX -AN communications services. ORDINANCE NO. 12,303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES /COMMUNICATIONS TECHNOLOGY SERVICES DIVISION FOR TEX -AN COMMUNICATION SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED EIGHTY -FOUR AND NO /100 DOLLARS ($3,984.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the Professional Services Agreement with Malcolm Pirnie, Inc., for the City of Baytown Supervisory Control and Data Acquisition (SCADA) Master Plan Project. ORDINANCE NO. 12,304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY OF BAYTOWN SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) MASTER PLAN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY -EIGHT THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($98,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a proposed ordinance consenting to the Collateral Assignment of Contract Rights between A -S 115 SH 146 -IH 10, L.P. and Compass Bank concerning the 380 Economic Development Agreement for Chambers Town Center. City Council Regular Meeting Minutes July 25, 2013 Page 22 of 25 ORDINANCE NO. 12,305 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 COLLATERAL ASSIGNMENT OF CONTRACT RIGHTS BETWEEN A -S 115 SH 146 -IH 10, L.P AND COMPASS BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. APPOINTMENTS a. Consider three (3) appointments to the Baytown Crime Control and Prevention District (CCPD). City Manager Leiper stated that currently, three (3) board members have terms that are set to expire on August 31, 2013, they are: • Ms. Emily Wallace (Mayor Appointee); • Mr. Brian Montgomery (District 4 Appointee); and • Mr. James Coker (District 6 Appointee). All members have requested reappointment for another two year term that commences on September 1, 2013 and ends on August 31, 2015. A motion was made by Council Member Scott Sheley, and seconded by Council Member David McCartney to reappoint Emily Wallace, Brian Montgomery and James Coker to another two year term beginning September 1, 2013 and expiring on August 31, 2015. The votes are 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 Approved b. Consider three (3) appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD). City Manager Leiper stated that the following board members have terms that are set to expire on August 31, 2013: • Ms. Adelina Gomez, (District 3 Appointee); • Mr. Maurice Watts, (District 6 Appointee); and • Mr. Gerald Baldwin, (District 4 Appointee). City Council Regular Meeting Minutes July 25, 2013 Page 23 of 25 All members have requested reappointment for another two year term that commences on September 1, 2013 and expires on August 31, 2015. A motion was made by Council Member Terry Sain, and seconded by Council Member Scott Sheley to reappoint Adelina Gomez, Maurice Watts and Gerald Baldwin to another two year term beginning September 1, 2013 and expiring on August 31, 2015. The votes are 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 Reinvestment Zone No. One, City of Baytown, Texas (TIRZ) and approval of (3) appointments to the Baytown Redevelopment Authority. City Manager Leiper stated that the Board of Directors of Reinvestment Zone No. One, City of Baytown, Texas ( "TIRZ ") is responsible for preparing and approving a project plan and financing plan for the Baytown Tax Increment Reinvestment Zone Number One, City of Baytown (the "Zone ") and for approving participation agreements for the Zone, all of which are subject to Council approval. Also, the Board of Directors of the Baytown Redevelopment Authority ( "Authority ") is responsible for aiding and assisting in implementing the financing plan and construction of TIRZ projects. Directors of the Authority are appointed by position by the Mayor with the consent and approval of the City Council. The persons serving on the Board of the Authority are pursuant to its Bylaws the same persons appointed to the corresponding position of the Board of Directors of the TIRZ. City Manager Leiper stated that of the six (6) appointments made by Council, three (3) members' terms are set to expire on August 31, 2013. They are: • Mr. Reggie Brewer; • Mr. Mike Wilson; and • Council Member Terry Sain. All members have requested reappointment to another two -year term, which commences on September 1, 2013, and expires on August 31, 2015. A motion was made by Council Member David McCartney, and seconded by Mayor Pro Tem Robert Hoskins to reappoint Reggie Brewer, Mike Wilson and Terry Sain to another two year term beginning September 1, 2013 and expiring on August 31, 2015. The votes are as follows: City Council Regular Meeting Minutes July 25, 2013 Page 24 of 25 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 d. Consider two (2) appointments to the Parks and Recreation Advisory Board. City Manager Leiper stated that this board consists of seven (7) members. The appointments are made by the Mayor with the approval of Council. Appointees serve a term of three (3) years. Currently, two (2) board members, Mr. Howard Hunt and Mr. Kevin Jones, terms are set to expire on August 31, 2013. • Mr. Howard Hunt Attended 23 out of 30 Meetings • Mr. Kevin Jones Attended 24 out of 30 Meetings Both members request reappointment for another three year term that would commence on September 1, 2013, and expire on August 31, 2016. A motion was made by Council Member Terry Sain, and seconded by Mayor Pro Tern Robert Hoskins to reappoint Howard Hunt and Kevin Jones to another three year term. The votes are 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 Approved e. Consider two (2) appointments to the Community Development Advisory Committee (CDAC). City Manager Leiper stated that the Community Development Advisory Committee (CDAC) is a nine - member Board that advises the City Council on the annual budget for the Community Development Block Grant program. The Baytown Code of Ordinances states that the composition of the CDAC shall have representation of low to moderate income areas of the City, as defined by the Department of Housing and Urban Development (HUD). Minority groups will be represented, at least, in proportion to such city-wide percentage representation. The City Council Regular Meeting Minutes July 25, 2013 Page 25 of 25 Committee shall consist of at least one (1) member from each of the six (6) council districts and three (3) at -large positions. In addition, the CDAC may acquire one (1) youth at -large member between the ages of 14 -18. Currently there is one (1) appointment and one (1) vacancy for Council's consideration: 1. is a District 4 appointment, and must be a Hispanic resident. This position was left vacant by Mr. Jerry Smith who resigned effective immediately. Mr. Ophir B. Lyra, has submitted an application for this position and if appointed would complete Mr. Smith's unexpired term, which is set to end on December 31, 2013. 2. is a District 6 appointment, left vacant by Mr. Randy Casey who has moved out of the city limits. This position would complete Mr. Casey's unexpired term which is set to end on December 31, 2014. Currently there are no applications on file for this position. A motion was made by Council Member Scott Sheley, and seconded by Mayor Pro Tem Robert Hoskins to appoint Ophir B. Lyra to the District 4 position to complete an unexpired term set to end on December 31, 2013. The votes are 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 Sam, Council Member Scott Sheley Nays: None Approved 13. MANAGER'S REPORT City Manager Leiper stated that the City's Housing Expo is scheduled for July27th from 10 -2, in the Community Center, and Council Member Sheley stated that the Historic Goose Creek Association meeting occurred recently and appreciate Mr. Troller, and local business people in attendance. 14. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the July 25, 2013, City Council Regular Meeting at 8:08 P.M.