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2013 10 01 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 1,2013 TheCityCouncil of theCity of Baytown,Texas,metinaSpecialMeetingonTuesday,October 1,2013,at4:30P.M.intheCouncil Chamber of theBaytownCityHall,2401MarketStreet, Baytown,Texas withthe following in attendance: Brandon Capetillo Council Member Robert Hoskins Council Member Terry Sain Council Member Stephen H.DonCarlos Mayor RobertD.Leiper City Manager KarenHorner Assistant City Attorney LeticiaBrysch City Clerk Keith Dougherty Sergeant atArms Mayor DonCarlos convenedtheOctober1,2013,CityCouncilSpecialMeetingwithaquorum presentat4:30P.M.,allmemberswerepresent,withthe exception of Council Member Mercedes RenteriaIII,CouncilMemberDavidMcCartneyandCouncilMemberScottSheleywhowere absent. 1.PUBLIC HEARING a.Conduct the second public hearing regarding a proposal to increase total tax revenueform properties on the tax roll in the preceding tax year by 1.79 percent. MayorDonCarlosopenedthesecondpublichearingregardingaproposaltoincreasetotaltax revenues from properties onthetaxtollinthe preceding taxyearby 1.79 percentat 4:31 p.m. Therebeingnoonesigneduptospeakonthisitem,MayorDoCarlosaskedtheCityManagerto summarize thetopic of the hearing. City Manager Leiperstatedthatthisisthesecondfirstpublichearing regarding aproposalto increase totaltax revenues from properties onthetaxrollinthe preceding taxyearby1.79 percent,whichisthepercentagebywhichproposedtaxrateexceedseffectivetaxratecalculated underChapter26,TaxCode.Hefurtherstatedthatthefirstpublichearingforthisitemwasheld September24,2013,at6:00p.m.Notice of bothpublichearingswerepostedontheCity'snotice boards;websiteandcabletelevisionstationonFriday,September 13,2013,andpublishedinThe BaytownSunonTuesday,September 17,2013.TheCityCouncilis scheduled totakeaction approvingthetaxrateonMonday,October14,2013,at6:00p.m. CityCouncilSpecial Meeting Minutes October 1,2013 Page2 of 5 Therebeingnooneelsedesiringtospeakonthisitem,MayorDonCarlosclosedthepublic hearingat4:32p.m. 2.PROPOSED ORDINANCES a.Consideranordinanceforthefirstreading of this voluntary annexation of approximately 16.643acres of land situated inthe Ashbel Smith Survey,Abstract 954,just west of Sjolander and south of 1-10in Harris County,Texas. City Manager Leiper statedthat Ordinance No.12,373 isonthefirst reading fora voluntary annexation of approximately 16.643 acres of landsituatedintheAshbelSmithSurvey,Abstract 954,just west of Sjolanderandsouth of I-10 inHarrisCounty,Texas. He further stated thatthe applicant Mr.Sam Vallagomesa has indicated the proposed buyerof the property intends to relocate anexisting large crane business from SH-146 in Baytown tothis proposedlocation.Annexationisbeingrequestedinordertoextendcityutilitiestothesite.A maphasbeenincludedwiththepackettoshowtheexactlocationofthe property. OnAugust8,2013,theCityCouncilapproveda resolution grantingthepetitionanddirecting stafftocreateaserviceplanfortheproposedareatobeannexed.Thefirstandsecondpublic hearings regarding thisitemwerepostedonthe notice boardand website on August 29,2013, published in the The Baytown Sun on August 28th,2013 and held on September 12 ,2013. AmotionwasmadebyMayorProTernRobertC.HoskinsandsecondedbyCouncilMember Brandon Capetillo approving Ordinance No.12,373.The votewasasfollows: Ayes:MayorStephenH.DonCarlos,CouncilMemberBrandonCapetillo, MayorProTernRobertC.Hoskins,andCouncilMemberTerrySain Nays:None Other:Council Member Mercedes Renteria III,Council Member David McCartney,andCouncilMemberScott Sheley (Absent) Approved ORDINANCE NO.12,373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,MAKING CERTAIN FINDINGS;PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,TEXAS,AND THE ANNEXATION OF APPROXIMATELY 16.643ACRESOFLAND SITUATED INTHE ASHBEL SMITHSURVEY, ABSTRACT 954,JUST WEST OF SJOLANDER ROAD AND SOUTH OF I-10 IN HARRIS COUNTY,TEXAS,WHICH SAID TERRITORY LIES City Council Special Meeting Minutes October 1,2013 Page3 of5 ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,TEXAS. b.Consider anordinance authorizing a professional service agreement with Kimley-Horn andAssociates,Inc.,fortheLandUse Assumptions andCapital Improvement PlanUpdate Project. City Manager Leiper stated that Ordinance No.12,374 authorizes a Professional Service AgreementfortheBaytownLandUseAssumptionsandCapitalImprovementPlanProjectwith Kimley Hornand Associates,Inc.,foran amount notto exceed $73,750.00. HefurtherstatedthattheCity of Baytown's mostrecent amendment toitslanduse assumptions, CIPandimpactfeeswereadoptedin 2011.This amendment tothePlanisnecessarytoincludea variety of projectsintheCIPlist.InclusionintheCIP list makesprojectseligibleforfunding throughimpactfees. AmotionwasmadebyCouncilMember Terry Sainand seconded byMayorProTernHoskins approving Ordinance No.12,374.The votewasasfollows: Ayes:MayorStephenH.DonCarlos,Council MemberBrandonCapetillo, Mayor ProTernRobertC.Hoskins,and Council Member Terry Sain Nays:None Other:Council Member Mercedes Renteria III,Council Member David McCartney,and Council Member Scott Sheley (Absent) Approved ORDINANCE NO.12,374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES,INC.,FOR THE BAYTOWN LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-THREE THOUSAND SEVEN HUNDREDFIFTYAND NO/100 DOLLARS ($73,750.00);MAKINGOTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c.Consider an ordinance authorizing Earnest Money Contracts with the Mario Garcia and Alberto Garcia for the purchase of approximately 35.56 acres located adjacent to and south of E.Wallisville Road approximately 1,245feeteast of N.Main Street along the south right-of-way line of E.Wallisville Road,and more particularly described as Tracts 8A-1 and 8A-2,Abstract 21,GEllis Survey,Harris County,Texas,Harris County,Texas. CityCouncilSpecialMeetingMinutes October 1,2013 Page4 of5 CityManagerLeiperstatedthat Ordinance No.12,375 authorizes EarnestMoney Contracts with the Mario Garcia and Alberto Garcia forthe purchase of approximately 35.5625 acres located adjacent toandsouth of E.Wallisville Road approximately 1,245feeteast of N.Main Street alongthesouth right-of-way line of E.WallisvilleRoad,andmore particularly described as Tracts8A-1and8A-2,Abstract 21,GEllisSurvey,Harris County,Texas,Harris County,Texas. CityManagerLieperstatedthattheacquisitionsare contingent upon(i)aninspection report satisfactorytotheCity,(ii)anenvironmentalsiteassessmentsatisfactorytotheCity,(iv)the acquisition of bothproperties,(v)thededicationtotheCity of a1,830'x 30'strip of land off of E.Wallisville Roadtotheeast of thethe property owned by Alberto Garcia,Texas and(vi)the City Council's approval of the earnest money agreements.This property willbe used for municipal purposes,namely fora 911 Emergency Communications and Information Data Service Center and potentially a municipal park. Hefurtherstatedthatthesalepriceshallbethelesser of $33,000peracreforeachpropertyor theappraisedvalueforeach property as determined byanappraisalperformedattheCity's expense.However,if thepropertiesappraiseatlessthan$33,000peracreforeachproperty,the Sellersmayterminatetheearnestmoneycontractswithinfive calendar daysafter receipt of the appraisal.Ifthecontractsarenotterminated,the closing dateshallbe October 31st orsevendays after receipt of the appraisal whenall objections totitleandthe survey havebeencured.This ordinance authorizes the expenditure of an amount notto exceed $1,173,562.00. AmotionwasmadebyCouncilMemberBrandonCapetilloandsecondedbyMayorProTern Hoskins approving Ordinance No.12,375.Thevotewasasfollows: Ayes:Mayor Stephen H.DonCarlos,Council Member Brandon Capetillo, MayorProTernRobertC.Hoskins,andCouncil Member Terry Sain Nays:None Other:Council Member Mercedes Renteria III,Council Member David McCartney,andCouncilMemberScott Sheley (Absent) Approved ORDINANCE NO.12,375 AN ORDINANCE OFTHECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING EARNEST MONEY CONTRACTS WITH ALBERTO GARCIA AND MARIO GARCIA,FOR THE PURCHASE OF PROPERTY FOR A MUNICIPAL PURPOSE;AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($1,173,562.00); CityCouncilSpecial Meeting Minnies October 1.2013 Page5 of 5 MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3.MANAGER'S REPORT MayorDonCarlosremindedtheCouncilthathewouldnotbein attendance attheCity Council's specialmeeting,scheduledfor October 14,2013,at6:00p.m.andthatMayorProTernHoskins would serve as presiding officer inhis stead. City Manager Leiper reminded theCouncilthattheyhadNationalNightOutthis evening and thatthe most updated schedule wasattheir places onthedais. City Manager Leiperalsoupdated the Council regarding thetwodogsthatwere reported stolen, withonebeingdropped off attheAnimalShelterlastweek.I le statedthatNickWoolery, AssistanttotheCity Manager reportedtotheCouncilandmedia,thatthe couple thathadfound thetwodogsseenthemediareportand called thecityin order toreunitethe second dogwith theirowner.The couple statedtheyhad kept the second animal because theyfearedthatitwould notbeadoptedandcouldendupeuthanized;theywereverypleasedtohearthatthedogs were wanted and were working with staff to re-unite thedogswith their owners. 4.ADJOURN Withtherebeingnofurtherbusinesstodiscuss,Mayor DonCarlos adjourned the October I, 2013,City Council Special Meeting at 4:41 P.M. Leticia Brys61if:Sity CI CityofBayto\yfiA ''