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2013 09 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 12, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 12, 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 City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the September 12, 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 Mercedes Renteria 11I. 1. MINUTES Mayor DonCarlos stated that items La. and Lb would be considered together. a. Consider approving the minutes of the City Council Regular Meeting held on August 08, 2013. b. Consider approving the minutes of the City Council Regular Meeting held on August 22, 2013. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the August 8, 2013, City Council Regular Meeting minutes and the August 22, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes September 12, 2013 Page 2 of 25 Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. June Cumberland requests to address Council regarding a possible code enforcement issue with a neighbor's fence; and to make suggestions for other improvements in our City. Ms. Cumberland, 713 Inwood Drive, Baytown, Texas, requested that Council and staff's assistance in dealing with her neighbor's deteriorating fence that is leaning on and damaging her newly constructed fence. She further stated that she had people who were willing to remove the neighbor's old fence at no charge to the neighbor; however, the neighbor remains uncooperative and unresponsive. Mayor DonCarlos stated that the City would do everything it could within what is legally allowed to assist her with this matter; however, there were some limitations on what it could do because of the fence being on private property. b. Mr. Samuel D. Sledge requests to appear before Council to discuss the placement of the Baytown Gateway monument at the Lynchburg Area. Mr. Sledge, 218 Park Street, Highlands, Texas, stated that he was not in favor of the placement of the Baytown Gateway Monument, as the location was in Lynchburg and not Baytown. Mr. Sledge then requested that the City either (1) remove the monument and/or the name Baytown from the monument or (2) change the name on the monument from Baytown to Lynchburg. C. Present a proclamation declaring September 16, 2013, as American Legion Day. Mayor DonCarlos presented a proclamation to members of the American Legion local chapter declaring September 16, 2013, as American Legion Day and thanked them for their continued service to our country and community. d. Present recognition of the collaborative efforts and success of the BigNET project. City Manager Leiper introduced the item and asked Mr. Robert Cavazos, a representative from the Harris County ITC to present a recognition to Mr. Dennis Wells, Assistant Director of ITS for his participation in the BigNET project. Mr. Cavazos stated that the BigNET project is focused on enhancing the broadband capability for the Public Safety community, of which the city participated with and in successfully. Lastly, Mr. Cavazos stated that this collaborative effort was also recognized by Judge Ed Emmett in Harris County Commissioner's Court on August 27, 2013. City Council Regular Meeting Minutes September 12, 2013 Page 3 of 25 3. CITY OF BAYTOWN 2013 -14 FY MUNICIPAL BUDGET a. Consider an ordinance adopting the City of Baytown Municipal Budget, FY2013- 2014. City Manager Leiper stated that Ordinance No. 12,330 adopts the City of Baytown Municipal Budget, FY2013 -2014, totaling $166,284,808, which is a $20,441,613 increase or 14.02% over the FY2012 -2013 budget, totaling $166,284,808, which is an increase of $20,441,613 or a 14.2% increase over the fiscal year 2012 -13 budget. This budget includes the following Technical Adjustments related to the proposed City of Baytown FY2013 -2014 Budget as of August 22, 2013, and they are: 1. Street Maintenance Sales Tax Fund 211: Move $450,000 from "Ending Working Capital" to "Other Capital Project Initiatives" leaving a projected ending Working Capital of $49,950. The revised budget total is $3,700,000. This will allow us to take advantage of increased SMST revenues and do more street repairs. These projects are "cash funded" so we can only spend the money if it is received. 2. General Fund: Increase the General Overhead account for salary increases by a total of $550,000 to provide additional funding for salary increases including the cost of contracts with Police and Fire, and to increase the amount available for General Fund salary increases to $500,000. This change increases the General Fund budget to $71,670,198 and reduces the Fund Balance Working days to 69 days. This change results in recurring expenditures being $4,896 less than recurring revenues, maintaining a balanced budget. City Manager Leiper stated that in regards to compensation, the staff is presenting a plan for the Council's review and consideration. The main aspects of the plan include the following: All non -civil service employees, except the city manager and the municipal court judge, who are directly employed by the Council, will receive at least a $1,000 a year increase in their salaries; this will allow for an across the board raise that will help employees absorb the increase in health care premiums. City Manager Leiper stated that the recommendation of having a cash amount raise versus a percentage across the board raise, is to allow the money to be allocated to the employees with the lowest salaries, and the most need. Of the non -civil service employees, 89 of them who are below the new minimum market will receives an increase to bring them at their minimum range, which impacts the lowest paid positions anywhere from 5% to 22 %. This will ensure that all city employees are at least at a minimum of the new pay range and help maintain those positions that are hard to hire and maintain. City Manager Leiper also stated that internal equity is very important in the organization and we want to make that a newly hired position is not making more than those in the same position that have been here for years. So, there are 47 employees that are within the pay range that need to be adjusted in order to maintain internal equality. These salaries will be adjusted, but will be City Council Regular Meeting Minutes September 12, 2013 Page 4 of 25 capped at an amount not to exceed $5,000; this will help with some of the compression issues that could emerge with moving everyone to the minimum of the pay scale. The remaining 311 employees are within their salary range and will all receive the $1,000 salary increase which ranges from less than 1% to 4% of their salary, depending on the salary and our entry level position is increased by 16 %. City Manager Leiper noted that this increase will be for all full time and part time employees. City Manager Leiper stated that the presented plan is outstanding, as it leaves within the City's means; it keeps our recurring expenditures, less than our recurring revenues and maintains our financial stability. He further stated that this is the first part of a three year plan, and next year, the staff will focus on moving the staff within their range based on their tenure. City Manager Leiper also noted that the group that is not addressed in the proposed compensation plan is management, as Assistant Directors, Directors, the Assistant City Manager, and the Deputy City Manager were excluded from the group of employees that needed to be brought to their minimum range and will only receive the $1,000, like all the other civil service employees. City Manager Leiper requested that Council consider revisiting bringing those members of management that need it, to be brought up to their minimum salary range sometime in January 2014. Lastly, City Manager Leiper stated that the proposed compensation plan does not change the numbers in the budget, it does not cut programs and it lives within our means, and staff recommends approval. Mayor DonCarlos asked when the pay raises would take effect. City Manager Leiper stated that the salary increases take effect on the first full pat period in January. There was one speaker signed up on this item. Ms. Nai Mongiello, 222 South 3 d Street, stated that at the last Council meeting she requested that they consider a compensation plan for those members of the public works team and non- civil service employees that was fair and equitable. She further stated that the plan presented was a good first step of a three year plan that will bring all city employees where they needed to be as it relates to compensation. She thanked City Manager Leiper, his team and the members of Council for considering her plea and bringing back a more viable and inclusive option. Council Member Capetillo stated that he was grateful for the work and time put into the compensation plan by the members of staff. He stated that he felt that this was a more fair and methodical approach to the compensation issue. Council Member McCartney also thanked staff for their work in finding additional funds to help with the compensation plan, and felt that the three year compensation plan seemed much more attainable. City Council Regular Meeting Minutes September 12, 2013 Page 5 of 25 Council Member Sheley stated that Council has made a three year commitment in regards to compensation for all employees. He stated that they are all valued and important and thanked staff for their work. Council Member Renteria stated that he was happy with the work presented and thanked staff for their work and dedication. A motion was made by Council Terry Sain and seconded by Council Member David McCartney that the property tax revenue increase reflected in the proposed FY2013 -2014 City of Baytown budget be ratified. 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 motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins to adopt the proposed FY2013 -2014 City of Baytown Budget with the two technical adjustments, added after the budget work session pertaining to Street Maintenance Sales Tax and the General Fund. 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 ORDINANCE NO. 12,330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance amending utility rates in accordance with the rate study performed by Burton and Associates. City Council Regular Meeting Minutes September 12, 2013 Page 6 of 24 City Manager Leiper stated that Ordinance No. 12,331 amends utility rates in accordance with the rate study performed by Burton and Associates. The City Council held a joint work session with Baytown Area Water Authority ( "BAWA ") regarding the rates, structure, and service fees on January 28, 2010. At that time, Council was presented with the results of the commissioned rate study by Burton and Associates, which proposed a systematic schedule of rate increases to ensure the City has sufficient annual revenues over a multi -year period to meet its financial requirements, including operations and maintenance costs, capital improvement costs, debt service expenses and coverage ratios and adequate working capital reserves. During the 2013 -14 budget process, the City Council proposed a 5.85% increase to the utility rate effective the first billing cycle in FY2014. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Ordinance No, 12,331. 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 I1I, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,331 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE I[[ "WATER SERVICE," SECTION 98- 59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. CITY OF BAYTOWN TAX RATE a. Receive the 2013 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. City Manager Leiper presented the item and stated that in accordance with Section 26.04(b) of the Texas Property Tax Code, the following values are submitted for the 2013 Harris County Appraisal Roll, which was certified on August 23, 2013: City Council Regular Meeting Minutes September 12, 2013 Page 7 of 24 Total Appraised Value: $ 2,870,158,873 Total Taxable Value: $ 2,145,616,201 Total Uncertified (Taxable Value): $ 314,840,891 City Manager Leiper further stated that the 2013 Chambers County Appraisal Roll was certified on July 12, 2013. In accordance with Section 26.04(b) of the Texas Property Tax Code, the follow values are submitted: Total Certified Taxable Value: $ 151,605,951 Mayor DonCarlos noted that the tax rolls were received by the Council, and stated that no further action was required on this item. b. Receive the effective and rollback tax rate calculation for the 2013 tax year (Fiscal Year 2014). City Manager Leiper presented the item and stated that in accordance with Section 26.04 of the Texas Property Tax Code, the governing body must receive the effective tax rate and the rollback rates which are calculated at $0.80760 and $0.84830 per $100 valuation, respectively. These rates and the method of calculation shall be published in accordance with section 26.004 of the Texas Property Tax Code. City Manager Leiper stated that no action was required on this item other than to receive the information. C. Consider a proposal to consider a tax increase. City Manager Leiper presented the item and stated that this item allows the City Council to consider a proposal to consider a tax increase. The tax rate of $0.82203 per $100 of taxable value will remain the same; however, because the tax rate exceeds the effective tax rate, certain notices and hearings must be held prior to the adoption of this rate. HE further stated that the total tax revenues from properties on the tax roll are expected to increase from the preceding year by 1.79 percent. However, an individual's taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the taxable property in relation to the change in taxable value of all other property and the tax rate that is adopted. The City Council will need to vote on this proposal and the results of this record vote shall be published in the notice of the corresponding public hearings. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern. Robert C. Hoskins approving a proposal to approve a tax increase. 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 I1I, Council Member Terry Sain, Council Member Scott Sheley City Council Regular Meeting Minutes September 12, 2013 Page 8 of 24 Nays: None Approved d. Consider an ordinance setting the time, date, and place of two public hearings on the proposed tax increase and setting the time, date, and place at which the City Council will vote on the proposed tax rate. City Manager Leiper presented the item and stated that Ordinance No. 12,332 sets the time, date, and place of two public hearings on the proposed tax increase as required by Section 26.05 of the Texas Tax Code. The first public hearing may not be held before the 7th day after the date the notice of public hearing is given and the second public hearing may not be held earlier than the third day after the date of the first hearing. At the public hearings the public will be given an opportunity to present its views on the tax increase. The notice of the public hearing will include how each member voted on the proposal to consider the tax increase. The proposed ordinance sets the first public hearing on September 24, 2013, at 6:00 p.m., and the second public hearing on October 01, 2013, at 4:30 p.m., the third meeting is set at 6:00 p.m. on October 14, 2013, in the Council Chamber and the City Council will vote on the proposed tax rate. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,332. 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 Rcnteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROPOSING TO INCREASE TOTAL TAX REVENUES FROM PROPERTY ON THE TAX ROLL IN THE PRECEDING TAX YEAR BY 1.79 PERCENT; SETTING DATES, TIMES AND PLACES FOR TWO PUBLIC HEARINGS ON THE PROPOSED TAX INCREASE; SETTING THE MEETING AT WHICH THE CITY COUNCIL WILL VOTE ON THE PROPOSED TAX RATE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. FCPEMSD FY 2013 -14 AMENDED BUDGET City Council Regular Meeting Minutes September 12, 2013 Page 9 of 24 a. Receive the 2013 -14 Fiscal Year amended Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. City Manager Leiper presented the item and 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. Thereafter, it met on September 3, 2013, and amended the budget. Since the 2013 -14 budget was developed and adopted, staff has continued to work on a plan to improve EMS system capacities to reduce the need for mutual aid responses from other EMS providers. General Fund limitations to not allow us to add full -time personnel to place a 4th ambulance in service in the upcoming fiscal year. The proposed FCPEMSD budget amendment will move $425,000 from Working Capital to Personnel Services to provide peak -time, overtime staffing to place a 4th ambulance in service from 7:00 a.m. to 7:00 p.m. each day. We expect this change to reduce EMS mutual aid requests by 50% to 75 %. Personnel services would increase from $210,638 to $635,638. The total budget would increase to $1,844,814. Working Capital (our carryover of uncommitted funds for the following year) would be $790,790, only slightly less than the current year adopted budgeted amount of $883,067. In accordance with the alternative budget procedures adopted by the FCPEMSD, the Board is required to submit the budget amendment to the City Council within 10 days after the budget amendment is adopted. As such, this agenda item acknowledges that the Board has submitted its amended budget and that the City Council has received it. b. Conduct a public hearing on the amended Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2013 -2014 budget. Mayor DonCarlos opened a public hearing regarding the fiscal year 2013 -2014 amended budget adopted by the Board of Directors of the Baytown Fire Control, Prevention, and EMS District ( "FCPEMSD ") at 7:15 p.m. City Manager Leiper stated that the total FCPEMSD budget would increase to $1,844,814. Working Capital (our carryover of uncommitted funds for the following year) would be $790,790, only slightly less than the current year adopted budgeted amount of $883,067. No one signed up to speak on this item. Mayor DonCarlos closed this public hearing at 7:16 p.m. C. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District's 2013 -14 Fiscal Year Amended Budget. City Manager Leiper presented the item and stated that Ordinance No. 12,333 approves the Baytown Fire Control, Prevention, and Emergency Medical Services District's 2013 -14 Fiscal Year Amended Budget. City Council Regular Meeting Minutes September 12, 2013 Page 10 of 24 A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,333. 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 ORDINANCE NO. 12,333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2013 -14 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CERTIFICATE OF UNOPPOSED CANDIDATE - DISTRICT NO. THREE a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. Three. City Manager Leiper presented the item and stated that the City Council called a municipal election for November 5, 2013, to elect a person to the Office of Council Member, District No. Three of the City of Baytown. The filing deadline for a place on ballot for such election was August 26, 2013, and the filing deadline for a declaration of write -in candidacy was also August 26, 2013. Mr. Brandon Capetillo was the only candidate to file for this office prior to the deadlines. The City Clerk, Leticia Brysch certified to Council in writing of the unopposed status of Mr. Capetillo for the Office of Council Member, District No. Three. b. Consider an ordinance declaring the unopposed candidate Brandon Capetillo is elected to the Position of Council Member District No. Three of the City of Baytown. City Manager Leiper presented the item and stated that Ordinance No. 12,334 declares the unopposed candidate Brandon Capetillo is elected to the Position of Council Member District No. Three of the City of Baytown. The City Council called a municipal election for November 5, 2013, to elect a person to the Office of Council Member District No. Three of the City of Baytown. The filing deadline for a place on ballot for such election was August 26, 2013, and the filing deadline for a declaration of City Council Regular Meeting Minutes September 12, 2013 Page 11 of 24 write -in candidacy was also August 26, 2013. Mr. Brandon Capetillo was the only candidate to file for office prior to the deadlines. Therefore, the City Clerk certified to the City Council as to the unopposed status of Mr. Brandon Capetillo and delivered a certification to the City Council. In accordance with Section 2.053 of the Texas Election Code, the City Council, upon receipt of such a certification, may by ordinance declare the unopposed candidate elected to office. A certificate of election will be issued at the time at which the certification would have been issued if the candidate was elected on November 5th. Even though citizens will not be able to cast their vote for the Position of Council Member for District No. Three, the City's ballot will include a heading entitled "Unopposed Candidates Declared Elected" under which the Position for Council Member, District No. Three with the name of Brandon Capetillo will be included. Please note that this declaration does not impact the municipal election as it relates to Council Member District Nos. One and Two. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,334. 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 ORDINANCE NO. 12,334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE BRANDON CAPETILLO ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. 3 OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. THREE (3) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE IN THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 2013, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. THREE (3) AND BRANDON CAPETILLO'S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. PUBLIC HEARINGS City Council Regular Meeting Minutes September 12, 2013 Page 12 of 24 a. Conduct the first public hearing regarding the proposed annexation of approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west of Sjolander and south of 1 -10 in Harris County, Texas. Mayor DonCarlos opened the first public hearing regarding the proposed 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 at 7:19 p.m. City Manager Leiper stated that the applicant Mr. Sam Vallagomesa has indicated the proposed buyer of the property intends to relocate an existing large crane business from SH 146 in Baytown to this proposed location. Annexation is being requested in order to extend city utilities to the site. On August 8, 2013, the City Council approved a resolution granting the petition and directing staff to create a service plan for the proposed area to be annexed. No one signed up to speak on this item. Mayor DonCarlos closed this public hearing at 7:20 p.m. b. Conduct the second public hearing regarding the proposed annexation of approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west of Sjolander and south of 1 -10 in Harris County, Texas. Mayor DonCarlos opened the second public hearing regarding the proposed 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 at 7:20 p.m. No one signed up to speak on this item. Mayor DonCarlos closed this public hearing at 7:20 p.m. 8. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Interlocal Agreement for Fire Training Instruction with the Lee College District. City Manager Leiper presented the item and stated that Ordinance No. 12,335 authorizes an Interlocal Agreement for Fire Training Instruction with the Lee College District (the "District "). City Manager Leiper stated that the City's Baytown Fire Training Facility (the "Facility "), which is located at 7022 Bayway Drive, is nearing completion. The Facility will be equipped to replicate emergency scenarios ranging from residential, commercial and industrial street fires, high -rise rescue, structural collapse/heavy rescue, mass - casualty emergencies, and ship fires and rescues. In December 2012, the District approved the new Fire Science Program — which will provide firefighter and rescue training to new and incumbent emergency personnel. The District and the City desire to partner together in order to provide cutting -edge, industry standard training City Council Regular Meeting Minutes September 12, 2013 Page 13 of 24 at the Facility and on the Lee College campus. Through this partnership, students will have the opportunity to participate in basic structural firefighter training and certification courses and in exercises designed to sharpen survival skills, search and rescue techniques, and a variety of tactics to be used in specific life- threatening situations. Under this agreement, the District will have access to and may use the Facility. The District will pay for personnel supplied by the City, supplies, equipment and materials it uses based upon a fee schedule to be adopted by the Fire Chief. The agreement may be terminated by either party with 30 days advance written notice. The Lee College Board of Regents is scheduled to consider this agreement at its meeting scheduled for September 19'h. A motion was made by Council Member Scott Sheley and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,335. 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 ORDINANCE NO. 12,335 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 LEE COLLEGE DISTRICT CONCERNING THE USE OF THE FIRE TRAINING CENTER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Earnest Money Contract with the Baytown Police Association, Inc., for the purchase of approximately 2.14 acres located adjacent to, and to the east of the Baytown Police Station, described as Tract 6A, Abstract 709, J W Singleton Survey, Harris County, Texas. City Manager Leiper presented the item and stated that Ordinance No. 12,336 authorizes an Earnest Money Contract with the Baytown Police Association, Inc., for the purchase of approximately 2.14 acres located adjacent to and to the east of the Baytown Police Station, described as Tract 6A, Abstract 709, J W Singleton Survey, Harris County, Texas. The acquisition is contingent upon (i) an inspection report satisfactory to the City, (ii) an environmental site assessment satisfactory to the City and (iii) the City Council's approval of the earnest money agreement. This property will be used for municipal purposes. City Council Regular Meeting Minutes September 12, 2013 Page 14 of 24 The sales price shall be the appraised value of the property as determined by an appraisal performed at the City's expense. However, if the property appraises at less than $50,000, the Association may terminate the earnest money contract and reimburse the City for the cost of the appraisal. If the contract is not terminated, the closing date shall be October 31 st or seven days after receipt of the appraisal when all objections to title and the survey have been cured. This ordinance authorizes the expenditure of an amount not to exceed $60,000. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,336. 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 ORDINANCE NO. 12,336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC., FOR THE PURCHASE OF PROPERTY FOR A MUNICIPAL PURPOSE; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. PROPOSED RESOLUTIONS a. Consider a resolution canceling the City Council Regular Meeting scheduled for Thursday, October 10, 2013. City Manager Leiper presented the item and stated that Resolution No. 2261 cancels the City Council Regular Meeting scheduled for Thursday, October 10, 2013 to accommodate the Texas Municipal League Annual Conference takes place from October 8 - 11, 2013, in Austin, Texas. City Manager Leiper further stated that the Council does not have any action items on the impacted Council meeting, and can cancel this meeting without negatively impacting any city business. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2,261. The vote was as follows: City Council Regular Meeting Minutes September 12, 2013 Page 15 of 24 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. 2,261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON OCTOBER 10, 2013, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving items 10.a through 10.r and items 10.t through 10.x, item 10.s was removed from the Consent agenda as this item was not ready for approval. 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. Ordinance No. 12,337 authorizes an interlocal agreement with the Municipal Development District for expenditures of up to $350,000 for the design and construction of a second City Gateway Monument, which will most likely be located at the foot of the Fred Hartman Bridge. ORDINANCE NO. 12,337 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 FUNDING OF THE DESIGN AND CONSTRUCTION OF A SECOND CITY GATEWAY MONUMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 12, 2013 Page 16 of 24 b. Ordinance No. 12,338 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $111,960 for improvements at Allenbrook Park. ORDINANCE NO. 12,338 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 FUNDINQ OF IMPROVEMENTS AT ALLENBROOK PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Ordinance No. 12,339 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $25,000 for the installation of Kayak Launch at the Eddie V. Gray Wetlands Education and Recreation Center. This will be the City's first ADA- accessible Kayak Launches at the Gray Wetlands Center boat ramp. ORDINANCE NO. 12,339 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 FUNDING OF THE INSTALLATION OF A KAYAK LAUNCH AT THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 12,340 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $52,715 for trail improvements at Goose Creek Park. ORDINANCE NO. 12,340 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 FUNDING OF TRAIL IMPROVEMENTS AT GOOSE CREEK PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 12,341 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $25,000 for the construction of picnic shelters at Pelly Park and Central Little League Park. City Council Regular Meeting Minutes September 12, 2013 Page 17 of 24 ORDINANCE NO. 12,341 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 FUNDING OF THE CONSTRUCTION OF PICNIC SHELTERS AT PELLY PARK AND CENTRAL LITTLE LEAGUE PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance No. 12,342 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $500,000 for the extension of the Goose Creek Trail Phases V & V1. ORDINANCE NO. 12,342 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 FUNDING OF THE EXTENSION OF THE GOOSE CREEK TRAIL PHASES V & VI; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 12,343 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $113,186.00 for improvements to Youth Sports League facilities. ORDINANCE NO. 12,343 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 FUNDING OF IMPROVEMENTS TO YOUTH SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 12,344 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $98,632 for improvements to Jenkins and Hollaway Parks. ORDINANCE NO. 12,344 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 City Council Regular Meeting Minutes September 12, 2013 Page 18 of 24 BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF IMPROVEMENTS TO JENKINS AND HOLLAWAY PARKS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance No. 12,345 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $59,825.00, in order to sandblast and paint the Roseland Park Locomotive #895. ORDINANCE NO. 12,345 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 FUNDING THE SANDBLASTING AND PAINTING OF THE ROSELAND PARK LOCOMOTIVE #895; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Ordinance No. 12,346 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $100,250 for improvements at Roseland Park. ORDINANCE NO. 12,346 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 FUNDING OF IMPROVEMENTS AT ROSELAND PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Ordinance No. 12,347 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $128,800 to fund a two- person median beautification crew and related equipment. ORDINANCE NO. 12,347 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 FUNDING OF A TWO- PERSON MEDIAN BEAUTIFICATION CREW AND RELATED EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 12, 2013 Page 19 of 24 1. Ordinance No. 12,348 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditure of up to $100,000 for the City of Baytown to continue the cleanup of Tabbs Bay. ORDINANCE NO. 12,348 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 FUNDING OF THE CONTINUED CLEANUP OF TABBS BAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Ordinance No. 12,349 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $50,000 for improvements at the Wayne Gray Sports Complex. This project includes several smaller projects that will include connecting trails, grading and drainage improvements, parking improvements and storage facilities. ORDINANCE NO. 12,349 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 FUNDING OF IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Ordinance No. 12,350 authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $82,100, to fund a Community Service Program Supervisor and related equipment. ORDINANCE NO. 12,350 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 FUNDING OF A COMMUNITY SERVICE PROGRAM SUPERVISOR AND RELATED EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Ordinance No. 12,351 authorizes the acceptance and closeout of the Allenbrook Water Line Rehabilitation Project, and release of retainage in the amount of $65,201.00 to SKE Construction, LLC. City Council Regular Meeting Minutes September 12, 2013 Page 20 of 24 ORDINANCE NO. 12,351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ALLENBROOK WATER LINE REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY -FIVE THOUSAND TWO HUNDRED ONE AND NO 1100 DOLLARS ($65,201.00) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Ordinance No. 12,352 authorizes the closeout, and acceptance of the North Main /I- 10 Utility Project, Phase 1, and the release of retainage to Angel Brothers Enterprises, Ltd., in the amount of $36,510.55. ORDINANCE NO. 12,352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NORTH MAIN /I -10 UTILITY PROJECT - PHASE l; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -SIX THOUSAND FIVE HUNDRED TEN AND 55/100 DOLLARS ($36,510.55) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Ordinance No. 12,353 authorizes a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corporation. ORDINANCE NO. 12,353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT OR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Ordinance No. 12,354 authorizes the City Manager to negotiate and execute the Assignment of a Portion of the Standard Form of Agreement between Goose Creek Consolidated Independent School District and PBK, Inc., for certain professional services associated with the road, sidewalk, utilities and lift station pertaining to the new elementary school to be constructed next to Victoria Walker Elementary School (the "New Property") under terms and conditions acceptable to the City Manager and the City Attorney. ORDINANCE NO. 12,354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND City Council Regular Meeting Minutes September 12, 2013 Page 21 of 24 ENTER INTO AN ASSIGNMENT OF A PORTION OF THE STANDARD FORM OF AGREEMENT BETWEEN GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND PBK, INC., FOR CERTAIN PROFESSIONAL SERVICES ASSOCIATED WITH THE ROAD, SIDEWALK, UTILITIES AND LIFT STATION PERTAINING TO THE NEW ELEMENTARY SCHOOL TO BE CONSTRUCTED NEXT TO VICTORIA WALKER ELEMENTARY; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED FIFTY -NINE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($159,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Proposed ordinance authorizing an earnest money contract with the Goose Creek Consolidated Independent School District ( "GCCISD") for 1.6322 acres for a detention pond for the Craigmont Estates Storm Sewer Remediation Project. This item was pulled from the agenda and was not considered by the Council. t. Ordinance No. 12,355 authorizes an interlocal agreement with Goose Creek Consolidated Independent School District (the "District ") to allow its peace officers to use certain law enforcement facilities, systems and materials of the City of Baytown. ORDINANCE NO. 12,355 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 GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO ALLOW ITS PEACE OFFICERS TO USE CERTAIN LAW ENFORCEMENT FACILITIES, SYSTEMS AND MATERIALS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Ordinance No. 12,356 authorizes the Sanitary Sewer Overflow Initiative Agreement with the Texas Commission on Environmental Quality. ORDINANCE NO. 12,356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SANITARY SEWER OVERFLOW INITIATIVE AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF V. Resolution No. 2,262 authorizing a request to the sheriff or constable to sell properties, located on Thompson Road and more particularly described as Tracts 44, 45, 45A and 45B, Abstract 66 W. Scott Survey, Baytown, Harris County, Texas, at a public sale. City Council Regular Meeting Minutes September 12, 2013 Page 22 of 24 RESOLUTION NO. 2,262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTIES, LOCATED ON THOMPSON STREET AND MORE PARTICULARLY DESCRIBED AS TRACTS 44, 45, 45A AND 45B, ABSTRACT 66 W. SCOTT SURVEY, 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. W. Resolution No. 2,263 authorizes the City to submit a grant application to the Texas General Land Office for Cycle #19 of the Coastal Management Program ("CMP ") for the removal of submerged and partially submerged pilings from Tabbs Bay. RESOLUTION NO. 2,263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE GENERAL LAND OFFICE OF THE STATE OF TEXAS FOR CYCLE #19 OF THE COASTAL MANAGEMENT PROGRAM FOR THE REMOVAL OF DEBRIS FROM DAMAGED OIL DERRICKS, SERVICE DOCKS, AND PIERS LOCATED IN TABBS BAY IN AN AMOUNT NOT TO EXCEED NINETY -NINE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($99,600.00); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED SIXTY -SIX THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($66,400.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Resolution No. 2,264 designating Baytown/Highlands Houston Metro Go Texan Committee First Annual 5K Rowdy Rodeo Run/Walk event as a City co- sponsored event for which an off - premise sign may be placed on City property pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and assumption of liability. RESOLUTION NO. 2,264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING FIRST ANNUAL 5K ROWDY RODEO RUN /WALK OF THE BAYTOWN /HIGHLANDS SUBCOMMITTEE OF THE HOUSTON METRO GO TEXAN COMMITTEE OF THE HOUSTON City Council Regular Meeting Minutes September 12, 2013 Page 23 of 24 LIVESTOCK SHOW AND RODEO, INC., AS A CITY CO- SPONSORED EVENT FOR WHICH OFF - PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION 1V "OFF - PREMISES SIGNS," SECTION 118- 358 "NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND ASSUMPTION OF LIABILITY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Consider two (2) 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 Currently there are two (2) vacancies to fill due to the resignation of Ms. Kathy McClure, who resigned on June 18, 2013, and the resignation of Ms. Judy Wheat, who resigned on August 16, 2013. There is one (1) application on file for this position, Ms. Beverly Browne, and if appointed she would complete the unexpired term of Ms. McClure, which is set to expire on September 30, 2014. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney appointing Ms. Beverly Browne to the BBAC to complete Ms. McClure's unexpired term, which ends on September 30, 2014. 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 12. MANAGER'S REPORT a. The Fall Community Yard Sale is scheduled for Saturday, September 14, 2013, at Bicentennial Park from 8:00 a.m. to 3:00 p.m. City Council Regular Meeting Minutes September 12, 2013 Page 24 of 24 The Fall Community Yard Sale is scheduled for Saturday, September 14, 2013; at Bicentennial Park from 8:00 a.m. to 3:00 p.m. Bicentennial Park is located at 1001 Market Street. Booth spaces are available for $15 each. Please contact the Parks and Recreation Department at 281- 420 -6597 for more details. Admission is free. City Manager Leiper recognized Jason Cozza, Deputy City Clerk for his new position of City Administrator for the City of Hallettsville, Texas and wished him the best of luck on his new professional endeavors. 13. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the September 12, 2013, City Council Regular Meeting at 7:29 P.M. 'J ;Y City of Bayro