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2013 08 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 08, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 08, 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 Council Member David McCartney Council Member Mercedes Renteria Council Member Scott Sheley Council Member Robert C. Hoskins Mayor Pro Tem 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 Pro Tem Robert C. Hoskins convened the August 08, 2013, City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present with the exception of Mayor DonCarlos and Council Member Terry Sain. Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor Pro Tem Robert C. Hoskins. 1. PUBLIC HEARINGS a. Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2013 -2014 budget. Mayor Pro Tem Hoskins opened the public hearing regarding the Baytown Crime Control and Prevention District (CCPD) fiscal year 2013 -2014 budget at 6:33 p.m. City Manager Leiper stated that the CCPD Board adopted their FY 2013 -14 budget on July 9, 2013, and submitted it to City Council on July 11, 2013, at 6:33 p.m., and as set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. He further stated that notice of this public hearing was published in The Baytown Sun on Tuesday, July 23, 2013, and posted on the City's website on Friday, July 19, 2013. City Council Regular Meeting Minutes August 08, 2013 Page 2 of 11 City Manager Leiper stated that the CCPD budget included revenues of $1,491,815, operating expenditures of $1,180,882 and total expenditures, including capital of $1,836,778; it supports 15 police officers, and includes eight replacement vehicles and 26 mobile data terminals. With no one signed up to speak on this item, Mayor Pro Tem Hoskins closed the public hearing at 6:34 p.m. b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2013 -2014 budget. Mayor Pro Tem Hoskins opened the public hearing regarding the Baytown Fire Control, Prevention and EMS District (FCPEMSD) fiscal year 2013 -2014 budget at 6:35 p.m. City Manager Leiper stated that the FCPEMSD Board adopted their budget on July 16, 2013, and submitted it to City Council on July 25, 2013, and as set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the public hearing was published in The Baytotivn Stin on Tuesday, July 23, 2013, and posted to the City of Baytown website on Friday, July 19, 2013. City Manager Leiper stated that the FCPEMSD budget included revenues of $1,469,725, operating expenditures of $210,638, and total expenditures, including capital of $1,419,814, and as compared to the CCPD budget, this is primarily a capital budget, which includes fire trucks, ambulances, and the fire training field that does support two personnel. With no one signed up to speak on this item, Mayor Pro Tem Hoskins closed the public hearing at 6:36 p.m. 2. PROPOSED RESOLUTIONS a. Consider a resolution granting the petition of Sam Vallagomesa requesting annexation of approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west of Sjolander and south of I -10 in Harris County, Texas. City Manager Leiper stated that Resolution No. 2254 grants a petition requesting annexation submitted by Sam Vallagomesa for approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west of Sjolander and south of I -10 in Harris County, Texas. He further stated that the applicant has indicated the intent to relocate his existing large crane business from SH 146 at Texas Avenue to this proposed location because he has outgrown the current location. Annexation is being requested in order to extend city utilities to the site and the proposed resolution also directs the preparation of a service plan for the area proposed to be annexed. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Resolution No. 2,254. The vote was as follows: City Council Regular Meeting Minutes August 08, 2013 Page 3 of 11 Ayes: Mayor Pro Tem Robert C. Hoskins, Council Member Brandon Capetillo, Council Member Mercedes Renteria III, Council David McCartney, Council Member Scott Sheley Nays: None Other: Mayor Stephen DonCarlos and Council Member Terry Sain (Absent) Approved RESOLUTION NO. 2254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF SAM VALLAGOMESA REQUESTING ANNEXATION OF APPROXIMATELY 16.643 ACRES OF LAND SITUATED IN THE ASHBEL SMITH SURVEY, ABSTRACT 954, JUST WEST OF SJONALDER ROAD AND SOUTH OF INTERSTATE 10 IN HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution registering the City of Baytown's support of the Texas Department of Transportation's use of private concession funding for segments I -1 and I -2 of the Grand Parkway. City Manager Leiper stated that Resolution No. 2255 registers the City of Baytown's support of the Texas Department of Transportation's use of private concession funding for segments [ -1 and 1 -2 of the Grand Parkway. Private concession funding is a public - private partnership for transportation project financing whereby the private sector assumes the obligation to design, build, finance, operate and/or maintain a facility for a specified period of time in exchange for the right to some form of compensation, which may include a percentage of the tolls received in the case of a toll road project. These private- public partnerships enable public roadways like the Grand Parkway to be constructed more quickly and at no cost to the public -- except for the tolls collected from those using the roadway. He further stated that Chapter 223 of the Texas Transportation Code prescribes a process by which TxDOT may enter into comprehensive development agreements in order for a private entity to design, develop, finance, construct, maintain, repair, operate, extend or expand eligible projects. This proposed resolution encourages TxDOT to expedite the development and completion of those segments of the Grand Parkway identified as segments H, 1- 1, and I -2 on the attached map in order to alleviate the growing congestion throughout the Houston - Baytown area. City Manager Leiper stated that these segments would help connect the area from State Highway 146, all the way around to the Highway 59; this is a multi - million dollar project. He also stated that it was important to note that for toll -way roads that are constructed in areas that already have City Council Regular Meeting Minutes August 08, 2013 Page 4 of 11 existing roads, there will always have the feeder roads on the side to allow for free access to the roads. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Resolution No. 2,255. The vote was as follows: Ayes: Mayor Pro Tern Robert C. Hoskins, Council Member Brandon Capetillo, Council Member Mercedes Renteria III, Council David McCartney, Council Member Scott Sheley Nays: None Other: Mayor Stephen DonCarlos and Council Member Terry Sain (Absent) Approved RESOLUTION NO. 2255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS SUPPORT OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S USE OF PRIVATE CONCESSION FUNDING FOR SEGMENTS I -1 AND I -2 OF THE GRAND PARKWAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution granting consent to the creation of Harris County Municipal Utility District No. 213 -13. City Manager Leiper stated that Resolution No. 2,256 grants consent to the creation of Harris County Municipal Utility District No. 213 -B ( "MUD 213 -B11). He further stated that the City received a petition for the creation of MUD 213 -B from Harris County Municipal Utility District No. 213. The creation legislation proposed to grant MUD 213 - B a limited power of eminent domain, provide MUD 213 -B authority to issue bonds, and provide MUD 213 -B authority to impose assessments, fees, or taxes. The conditions by which it is proposed that the City consent to this petition are similar to which the City required prior to granting consent to the creation of other districts. City Manager Leiper stated that during the legislative session, the City Council approved a resolution in support of splitting Harris County MUD No. 213, the developer for the part of the area that will become Harris County MUD No. 213 -B is ready to begin development, and the other section is not. The City has informed the owners of MUD 213 -B that any development on that site will trigger the annexation process, and they will be able to remain an in -city MUD. The City wants to ensure that it has control over the development of the city to the north. City Manager Leiper also stated that residential developer in question is the same one that built out Springwood, and the residential area is being planned with about 225 homes and around the $200,000 range. City Council Regular Meeting Minutes August 08, 2013 Page 5of11 A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Resolution No. 2,256. The vote was as follows: Ayes: Mayor Pro Tern Robert C. Hoskins, Council Member Brandon Capetillo, Council Member Mercedes Renteria III, Council David McCartney, Council Member Scott Sheley Nays: None Other: Mayor Stephen DonCarlos and Council Member Terry Sain (Absent) Approved RESOLUTION NO. 2256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213 -B, ONE PURPOSE OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE, WITHIN ITS BOUNDARIES, AND CONSISTING OF APPROXIMATELY 125.167 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING SURVEY, ABSTRACT NUMBER 620, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. REPORTS a. Receive the Certification of 2013 Anticipated Collection Rate from the City of Baytown Tax Assessor /Collector. City Manager Leiper stated that the City of Baytown Tax Assessor /Collector has certified the anticipated tax collections for the 2013 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. The certified collection rate is the Tax Assessor /Collector's estimate of the total debt collections (current and delinquent years) divided by the current fiscal year's required debt payments. He further stated that this report is received every year and no action is required on behalf of the Council. Mayor Pro Tern Hoskins stated that the report was received. b. Receive a report from the Youth Advisory Commission on their Public Servant Day and Softball Tournament. Council Member Scott Sheley introduced the members of the Baytown Youth Advisory Commission and stated that they would be presenting an overview of their Public Servant Day City Council Regular Meeting Minutes August 08, 2013 Page 6of11 and Softball Tournament. The members of the YAC spoke of the different events that took place on June 29`h, which included a softball tournament, food, activities for the children of all ages and a charity event. The YAC members thanked members of the Baytown Police, Fire, Public Works and Parks departments for their support during the event. Council Member Sheley stated that from the charity event, the YAC members were able to donate 100 gloves and softballs to special needs baseball teams. Council congratulated the YAC members for their dedication and support of their community and encouraged them to continue their wonderful endeavors that so positively impact our community. 4. DISCUSSIONS a. Discuss the City of Baytown Public Safety MDT/PRIVATE Network Deployment Plan for PD /FIRE/EMS. City Staff from the Information Technology Systems Department presented a demonstration to the Council outlining its strategy to enhance the network capabilities of the City's first responders out in the field. They stated that the plan will give Police, Fire and EMS units the capability of having direct access with city resources through their MDT's (mobile data tablets) without having to leave their units. In other words, police officers could file reports, and charges while sitting in their vehicles, which would allow them more time out on patrol and less time sitting at their desks filing reports. The new technology will enhance our services and increase productivity to help promote greater safety and efficiencies. b. Discuss and take appropriate action regarding the proposed City of Baytown 2013- 14 Fiscal Year Budget. City Manager Lciper stated that this item will allow the Council to continue the review and discussion of the City's proposed municipal budget FY 2013 -14 and take action on technical adjustments as needed. He further stated that at this time the staff had nothing to present to Council, the only technical adjustment that was discussed at the budget work session regarding this street maintenance sales tax in still being worked on and will be presented to Council at a future meeting. He also stated that there are some anticipated technical adjustments that will be made regarding employee compensation but that would also be brought forth at a future meeting. Mayor Pro Tern Hoskins stated that if Council had any adjustments or changes to the proposed budget now would be the time to make those recommendations and understand how this budget is being funded considering that it is increasing significantly; we want to ensure that we are being good stewards of the taxpayer's monies. City Manager Leiper in response to a question from Council Member Capetillo stated that this item to discuss and take appropriate action regarding the budget would be placed in all subsequent city council agendas until such time as the budget is approved on September 12, 2013. City Council Regular Meeting Minutes August 08, 2013 Page 7 of 11 Council Member Renteria stated that in regards to compensation, he is in favor of splitting the money across the board evenly to all employees, as he considered this to be better and more just. 5. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving items 5.a — 5J. The vote was as follows: Ayes: Mayor Pro Tern Robert C. Hoskins, Council Member Brandon Capetillo, Council Member Mercedes Renteria III, Council David McCartney, Council Member Scott Sheley Nays: None Other: Mayor Stephen DonCarlos and Council Member Terry Sain (Absent) Approved a. Consider an ordinance authorizing the renewal of the Annual Hot -Mix Asphalt Contract to Century Asphalt Ltd. ORDINANCE NO. 12,306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND AND NO /100 DOLLARS ($108,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING OR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. ORDINANCE NO. 12,307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY -THREE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 08, 2013 Page 8 of 11 C. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract with Kendrick Oil Company. ORDINANCE NO. 12,308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH KENDRICK OIL CO.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SEVENTY THOUSAND FIVE HUNDRED NINETY -EIGHT AND 37/100 DOLLARS ($1,070,598.37); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Ready -Mix Concrete Contract to Best Sand and Redi -Mix Company, Inc. ORDINANCE NO. 12,309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL READY -MIX CONCRETE CONTRACT WITH BEST SAND AND REDI -MIX COMPANY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of Microsoft Office from Dell which will ensure software license compliance on all City computers. ORDINANCE NO. 12,310 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED ONE THOUSAND FIFTY -SIX AND 80/100 DOLLARS ($101,056.80) TO DELL MARKETING L.P., FOR THE PURCHASE OF THREE HUNDRED NINETY (390) LICENSES FOR MICROSOFT OFFICE THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing the purchase of desktops from Dell which will enable the recapitalization of all City desktop computers. ORDINANCEN NO. 12,311 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED FIFTY -EIGHT City Council Regular Meeting Minutes August 08, 2013 Page 9 of 11 THOUSAND THREE HUNDRED NINETY -NINE AND 20/100 DOLLARS ($458,399.20) TO DELL MARKETING L.P., FOR THE PURCHASE, INSTALLATION, AND DISPOSAL OF FIVE HUNDRED SIXTY (560) DESKTOP COMPUTERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance awarding a demolition contract for 3135 Garth Road to J.T.B. Services, Inc. ORDINANCE NO. 12,312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES, INC., FOR THE DEMOLITION OF EIGHT (8) APARTMENT BUILDINGS LOCATED AT 3135 GARTH ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED NINE THOUSAND EIGHT HUNDRED NINE AND NO /100 DOLLARS ($209,809.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the Fourth Amendment to the Collective Bargaining Agreement for October 1, 2010, through September 30, 2015, with the International Association of Firefighters Local 1173. ORDINANCE NO. 12,313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FOURTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing Change Order No. 7 and the request for retainage reduction for the West District Wastewater Treatment Plant Expansion Project with LEM Construction Co., Inc. ORDINANCE NO. 12,314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 7 WITH LEM CONSTRUCTION COMPANY, INC., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT; City Council Regular Meeting Minutes August 08, 2013 Page 10 of 11 AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIX HUNDRED THIRTY -TWO THOUSAND SIX HUNDRED SIXTY -THREE AND 641100 DOLLARS ($632,663.64) AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution authorizing a request to the sheriff or constable to sell the property located at 1504 Alabama, Baytown, Harris County, Texas, at a public sale. RESOLUTION NO. 2257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 1504 ALABAMA, BAYTOWN, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Consider five (5) appointments to the Baytown Beautification Advisory Commission. City Manager Leiper stated that the Baytown Beautification Advisory Commission is a nine (9) member commission appointed by the City Council for two (2) year terms. Commissioners must be residents of the city and may come from a variety of backgrounds to include: civic organizations, educational institutions, businesses, non - profit or charitable organizations, governmental institutions, or the public at large. There following four (4) members have terms set to expire on September 30, 2013: • Ms. Eleanor Albon, attended 7 out of 8 meetings • Ms. Virginia L. Hoskins, attended 8 out of 8 meetings • Mr. Mitchell Pearce, attended 3 out of 8 meetings • Ms. Melissa Sorenson, attended 6 out of 8 meetings All members qualify for reappointment and desire to serve another two (2) year term. If appointed their term would commence on October 1, 2013, and end on September 30, 2015. Additionally, there is one (1) vacancy to fill due to the resignation of Ms. Kathy McClure, who resigned on June 18, 2013. There is one (1) application on file for this position, Ms. Santos E. Torres, and if appointed he would complete the unexpired term of Ms. McClure, which is set to expire on September 30, 2014. Mr. Torres' application is attached for your review and consideration. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the re- appointment of Ms. Eleanor Albon, Ms. Virginia Hoskins, Mr. City Council Regular Meeting Minutes August 08, 2013 Page 11 of 11 Mitchell Pearce and Ms. Melissa Sorenson and the appointment of Ms. Santos Torres. The vote was as follows: Ayes: Mayor Pro Tom Robert C. Hoskins, Council Member Brandon Capetillo, Council Member Mercedes Renteria 111, Council David McCartney, Council Member Scott Sheley Nays: None Other: Mayor Stephen DonCarlos and Council Member Terry Sam (Absent) Approved 7. MANAGER'S REPORT City Manager Leiper invited everyone to attend the grand opening of the new City of Baytown Cricket Field, Saturday, August 17, 2013, at 9:00 a.m. Council Member Sheley stated that the Youth Advisory Commission would meet on August 10, 2013, for a visioning session got next year's agenda and goals; all members of Council were invited to attend. 8. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the August 08, 2013, City Council Regular Meeting at 7:28 P.M. A& Ceti is B City Clerk". City of Baytown n