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2013 11 18 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 18, 2013 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, November 18, 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 David Alford City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Assistant Sergeant at Arms Mayor DonCarlos convened the November 18, 2013, City Council Special 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 Hoskins. 1. ELECTION CANVASS a. Canvass the returns of the City of Baytown Municipal Election held on Tuesday, November 05, 2013. Mayor DonCarlos presented the agenda item to canvass the returns of the City of Baytown Municipal Election held on Tuesday, November 05, 2013. He stated that as the canvassing authority, Council received the sealed precinct returns and that the voting results for Districts One and Two were as follows: City Council Special Meeting Minutes November 18, 2013 Page 2 of 34 Precinct 12 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 3 146 83 232 Laura Alvarado 6 95 100 201 Total Votes Cast 9 241 183 433 District 2 Scott Shele 6 57 81 144 Chris Presle 29 265 146 440 Total Votes Cast 35 322 227 584 Precinct 12 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 13 24 37 Laura Alvarado 0 14 16 30 Total Votes Cast 0 27 40 67 Precinct 13 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 5 6 11 Laura Alvarado 0 4 3 7 Total Votes Cast 0 9 9 18 Precinct 28 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 1 0 0 1 Laura Alvarado 0 0 2 2 Total Votes Cast 0 0 2 3 Precinct 99 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 1 1 2 Laura Alvarado 0 5 3 8 Total Votes Cast 0 6 4 10 District 2 Scott Sheley 2 34 49 85 Chris Presley 12 121 65 198 City Council Special Meeting Minutes November 18, 2013 Page 3 of 34 Total Votes Ca-stT 141 155 1 1141 283 Precinct 100 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 13 1 14 Laura Alvarado 0 13 14 27 Total Votes Cast 0 26 15 41 Precinct 533 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 2 Scott Sheley 3 12 17 32 Chris Presley 4 46 36 86 Total Votes Cast 7 58 53 118 Precinct 102 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 2 113 46 161 Laura Alvarado 6 47 49 102 Total Votes Cast 8 160 95 1 263 Precinct 248 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 1 1 2 Laura Alvarado 0 2 6 8 Total Votes Cast 0 3 7 10 Precinct 533 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 2 Scott Sheley 1 11 15 27 Chris Presley 13 93 44 150 Total Votes Cast 14 1041 59 1 177 Precinct 456 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 0 4 4 Laura Alvarado 0 10 7 17 Total Votes Cast 0 10 11 21 Precinct 533 Absentee Early Ballots Cast Election Ballots Cast Canvass Totals District 1 Mercedes Renteria III 0 0 0 0 City Council Special Meeting Minutes November 18, 2013 Page 4 of 34 Laura Alvarado 0 5 1 6 Total Votes Cast 0 5 1 6 Canvass Report of Total Voters District 1 - Precincts 12, 133, 283, 999 1009 102, 248, and 456 Early Ballots Cast Election Ballots Cast Total Ballots Cast Mercedes Renteria III Laura Alvarado Totals 259 192 451 232 201 433 District 2 - Precincts 99, 100, 248, and 533 Early Ballots Cast Election Ballots Cast Total Ballots Cast Scott Sheley Chris Presle Totals 365 234 599 144 440 584 Mayor DonCarlos stated that he delivered the precinct returns tally list and early voting record precinct report used in the canvass to the City Clerk. b. Consider a resolution declaring the results of the City of Baytown Municipal Election held on Tuesday, November 05, 2013. Mayor DonCarlos presented the agenda item and stated that Resolution No. 2271 declares the results of the City of Baytown Municipal Election held on Tuesday, November 05, 2013, as they f"I'll were previously read in agenda item La. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving Resolution No. 2271. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2271 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSES OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS ONE (1) AND TWO (2) OF THE CITY OF BAYTOWN; FINDING THAT NOTICE OF THE MUNICIPAL ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH City Council Special Meeting Minutes November 18, 2013 Page 5 of 34 THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on October 14, 2013. b. Consider approving the minutes of the City Council Regular Meeting held on October 24, 2013. Mayor DonCarlos stated that agenda items 2.a. and 2.b. would be considered together. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the October 14, 2013, City Council Special Meeting and the October 24, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Alejandro S. Arismendez requested to appear before Council to discuss the need for City Council to pass an Ordinance allowing licensed electricians to work on the property adjacent to the property being worked on. Mr. Alejandro Arismendez registered to speak before council but did not do so. City Manager Leiper stated that his item was resolved. b. Recognize City of Baytown Employees for their Years of Service. City Manager Leiper presented the agenda item to recognize City of Baytown employees for their years of service. 15 Years: John Almendarez, Patrol Officer, Police Department City Council Special Meeting Minutes November 18, 2013 Page 6 of 34 C. Recognize the City of Baytown Public Safety Award of Excellence winners. City Manager Leiper presented the agenda item and stated that on Tuesday, November 05, 2013, the Baytown Chamber of Commerce held its 21 st Annual Public Safety Recognition Luncheon and recognized the 2013 City of Baytown Public Safety Award of Excellence winners. He stated that Officer Chris Felder of the police department was named Officer of the Year. d. The members of the Baytown Beautification Advisory Committee (BBAC) will present Council with a Don't Mess with Texas Rubbish Barrels from the Keep Texas Beautiful and TxDOT program. The members of the Baytown Beautification Advisory Committee presented Council with Don't Mess with Texas Rubbish Barrels from the Keep Texas Beautiful and TxDOT program, in which the three barrels will be placed at city hall, at the library and at the health department. Council Member Sheley requested that the agenda be taken out of order and consider agenda item 3.e. later during the meeting. 4. ANNEXATION OF 16.643 ACRES OF LAND a. Consider an ordinance for the second and final reading of this voluntary annexation of approximately 16.64 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 presented the agenda item and stated that at the time of initial application, the property owner, Sam Vallagomesa, indicated the proposed buyer of the property planned to relocate an existing crane business from SH -146 in Baytown to this proposed location. He stated that the crane company has selected an alternative location, but the owner continues to pursue completing annexation and rezoning of this site. He stated that an August 08, 2013, the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed. City Manager Leiper stated that notices were posted on the city's website and notice board on August 28, 2013 and published in The Baytown Sun on August 29, 2013. Additionally, he stated that the first and second public hearings at City Council were held on September 12, 2013, and the first reading was held on October 01, 2013. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,373. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Special Meeting Minutes November 18, 2013 Page 7 of 34 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 16.643 ACRES OF LAND SITUATED IN THE ASHBEL SMITH SURVEY, ABSTRACT 954, JUST WEST OF SJOLANDER ROAD AND SOUTH OF I -10 IN HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the property annexed into the City of Baytown in the previous agenda item and being generally described as being situated in the Ashbel Smith Survey, Abstract 954, just west of Sjolander and south of I -10 in Harris County, Texas, into Council District No. 4. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,390. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 16.643 ACRES OF LAND SITUATED IN THE ASHBEL SMITH SURVEY, ABSTRACT 954, JUST WEST OF SJOLANDER ROAD AND SOUTH OF I -10 IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2013 Page 8 of 34 5. ZONING AMENDMENT FOR 16.64 ACRES OF LAND a. Conduct a public hearing regarding amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 16.643 acres of land, generally located at the southwest corner of Sjolander and I -10, in Harris County, Texas. At 6:50 P.M., Mayor DonCarlos opened and conducted the public hearing regarding amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 16.643 acres of land, generally located at the southwest comer of Sjolander and I -10, in Harris County, Texas. City Manager Leiper stated that prior to rezoning property; the Future Land Use Map must be updated to reflect the zoning that is proposed. He stated that in the Future Land Use Map, the proposed area is listed as High Density Residential which is actually Mixed Use. He stated that staff recommends that the Future Land Use Map be revised to show this as a business park. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 6:51 P.M. b. Conduct a public hearing regarding a proposed amendment to the official zoning map concerning16.643 acres of land located just west of Sjolander and south of I -10 from Open Space/Recreation (OR) District to Light Industrial (LI) District. At 6:51 P.M., Mayor DonCarlos opened and conducted a public hearing regarding a proposed amendment to the official zoning map concerningl6.643 acres of land located just west of Sjolander and south of I -10 from Open Space/Recreation (OR) District to Light Industrial (LI) District. City Manager Leiper stated that all newly annexed property comes in to the City as Open Space which is basically a holding category until the property is proposed for development. He stated that the public hearing will rezone this property from Open Space Recreational to Light Industrial and that the land owner is in agreement to this proposal. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 6:53 P.M. C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan to Update the Future Land Use Map regarding approximately 16.643 acres of land, generally located at the southwest corner of Sjolander and Interstate 10, in Harris County Texas. In regards to the 16.643 acres of land, City Manager Leiper stated that Ordinance No. 12,391 will change the Future Land Use Map from High Density Residential to Business Park. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,391. The vote was as follows: City Council Special Meeting Minutes November 18, 2013 Page 9 of 34 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. 123,391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending the official zoning map to rezone approximately 16.64 acres of land located just west of Sjolander and south of I -10 from Open Space/Recreation (OR) District to Light Industrial (LI) District. All six (6) Council Members and the Mayor raised their right hands in favor of the motion to approve Ordinance No. 12,392. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,392. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 129,392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 16.643 ACRES OF LAND LOCATED JUST WEST OF SJOLANDER AND SOUTH OF I -10, IN BAYTOWN, HARRIS COUNTY, TEXAS, TO REZONE SUCH PROPERTY FROM OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A City Council Special Meeting Minutes November 18, 2013 Page 10 of 34 SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. SPECIAL USE PERMIT FOR ACCESSORY DWELLINGS a. Conduct a public hearing regarding a proposed amendment to the Unified Land Development Code to require a Special Use Permit (SUP) for new construction of accessory dwelling units in residential zoning districts where such dwelling units are permitted. At 6:55 P.M., Mayor DonCarlos opened and conducted a public hearing regarding a proposed amendment to the Unified Land Development Code to require a Special Use Permit (SUP) for new construction of accessory dwelling units in residential zoning districts where such dwelling units are permitted. City Manager Leiper stated that this is a public hearing concerning an application to amend the text of the Unified Land Development Code (ULDC) to require a Special Use Permit (SUP) for new construction of accessory dwelling units in residential districts where permitted. He stated that an accessory dwelling structure is allowed in any single family zoning area and is intended for use by the occupants of that house. He stated that the SUP process includes notification and solicitation notices to property owners within 300 feet of the proposed location, two public hearings at the Planning and Zoning Commission, and a public hearing before City Council in which Council's vote is required to approve it. City Manager Leiper stated that the ULDC currently allows accessory dwelling units to be constructed only if they meet 14 required conditions and this would add another level of review to those conditions. He stated that two public hearings were held before the Planning and Zoning Commission on August 20th and September 17th and also held a work session to further discuss on October 9th. He stated that on October 15, 2013, the Planning and Zoning Commission considered the proposed amendment and prepared a report to the City Council recommending denial of the special use permit because they feel like the proposed zoning text amendment is additional work to an already onerous process and adding more steps to this already onerous process is believed that it will discourage residents from applying for these structures and possibly constructing and occupying them without a permit. Mr. David Corder registered to speak before the public hearing. He stated that he lives at 4502 Alamance and that the description items listed for the special use permit should be included as part of the requirement for the accessory dwelling units. Mayor DonCarlos closed the public hearing at 7:02 P.M. b. Consider an ordinance regarding a proposed amendment to the text of the Unified Land Development Code to require a Special Use Permit (SUP) for new construction of accessory dwelling units in residential zoning districts where such dwelling units are permitted. City Council Special Meeting Minutes November 18, 2013 Page 11 of 34 City Manager Leiper stated that staff concurs with the Planning and Zoning Commission decision to deny the proposed zoning amendment as there is sufficient development regulations already in place. He stated that the items that Mr. Corder described from the special use permit are the standard for any special use permit. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving an amendment to the text of the ULDC to require a Special Use Permit for new construction of accessory dwelling units in residential zoning districts where such dwelling units are permitted. The by show of raising their right hands the vote was as follows: Ayes: Council Member Terry Sain Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem. Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Scott Sheley Rejected 7. AMENDMENT TO SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PID NO. ONE a. Conduct a public hearing regarding an amendment to the Service and Assessment Plan for the Baytown Public Improvement District Number One to add Bay Island Blvd as part of the authorized public improvements to be constructed. At 7:05 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an amendment to the Service and Assessment Plan for the Baytown Public Improvement District Number One to add Bay Island Blvd as part of the authorized public improvements to be constructed. City Manager Leiper stated that the proposed amendment to the Service and Assessment Plan (the "Plan") for the Baytown Public Improvement District Number One (the "PID ") adds Bay Island Blvd as part of the authorized public improvements to be constructed. He stated that the City Council established the PID on September 27, 2007, and thereafter on October 11, 2012, adopted the Service and Assessment Plan for the construction of Bay Oaks Harbor Drive within the PID. He stated that the Plan should have referenced not only Bay Oaks Harbor Drive but also Bay Island Blvd and therefore, the City needs to amend only the Service and Assessment Plan -- not the assessment or levy -- in order to reconstruct Bay Island Blvd as originally intended. He stated that there will be no increased costs to the property owners in Bay Oaks Harbor Subdivision as a result of the addition of the Bay Island to the Plan. City Manager Leiper stated that part of Bay Oaks Harbor Drive continues down pass Bay Island Drive to Angel Fish Cove. He stated that this extra portion that continued down was reviewed as an alternate to this project, but there weren't enough funds in the assessment to complete it. He stated that after conversing with the contractor, staff will come back before Council to discuss drainage work that needs to be done at the end of Bay Oaks Harbor Drive. City Manager Leiper City Council Special Meeting Minutes November 18, 2013 Page 12 of 34 stated that the Home Owners Association (HOA), at their expense, did drainage improvements with anticipation of the paving work being done. Additionally, he stated that although the street can't be done at this time, the drainage work need to be taken care of. Mayor DonCarlos inquired about ultimate plan for the loop streets. City Manager Leiper stated that City's agreement with the Home Owners Association (HOA) is that at the completion of this project and the acceptance of the street, the City would take over maintenance of all the streets in Bay Oaks Harbor. So the other loop streets and Angel Fish Cove would have to be repaired until such time of the next street maintenance sales tax election. He stated that under state law the maintenance street sales tax can only be used for streets that were in the city on the date of the election. He stated that every four years when the reauthorizing of the election, the streets list is reset and those streets are put into the street maintenance sales tax to be redone in asphalt using street maintenance sales tax money. Council Member McCartney stated that when the funds are received to extend the rest of Bay Oaks Harbor Drive that it should be done in concrete instead of asphalt. City Manager Leiper stated that they will take a look at the cost difference on the street and the reason he suggested asphalt for that street was because it was not a through street and only the residents on that loop drive on it and he wanted to leverage the street maintenance dollars. Mayor DonCarlos and Council Member Renteria stated that they would prefer that the street be done in concrete. During further discussion, there was an inquiry if this was a reimbursement from the PID. City Manager Leiper stated that this project is a reimbursement from the PID through the assessment and once the other streets are started they will be funded through the street maintenance sales tax. Mr. Mitchell Pearce registered to speak before the public hearing and stated that they wanted to be certain that the project includes the comprehensive drainage package. Mayor DonCarlos closed the public hearing at 7:15 P.M. b. Consider an ordinance amending the Service and Assessment Plan for Baytown Public Improvement District Number One in order to add Bay Island Blvd as part of the authorized public improvements to be constructed. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,393. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 121,393 City Council Special Meeting Minutes November 18, 2013 Page 13 of 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a construction contract with Angel Brothers Enterprises, LTD., for the Bay Oaks Harbor Road Improvement Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,394 authorizes a construction contract with Angel Brothers Enterprises, LTD., for the Bay Oaks Harbor Road Improvement Project, in the amount of $1,461,903.00 for 4,400 linear feet of street work on Bay Island Boulevard and Bay Oaks Harbor Drive. He stated that three (3) bids were received and publicly opened on September 17, 2013, at 2:00 P.M., in the Council Chamber and Angel Brothers is being recommended as the lowest responsible bidder. He stated that D &W Contractors submitted the lowest bid but is not deemed responsible based on prior work experiences. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,394. 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. 12,394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD., FOR THE BAY OAKS HARBOR ROAD IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE MILLION FOUR HUNDRED SIXTY -ONE THOUSAND NINE HUNDRED THREE AND NO /100 DOLLARS ($1,461,903.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Industrial District Agreement with Enterprise Products Operating LLC. City Council Special Meeting Minutes November 18, 2013 Page 14 of 34 City Manager Leiper presented the agenda item and stated that Ordinance No. 12,395 approves this new company IDA and authorizes an Industrial District Agreement ( "IDA ") with Enterprise Products Operating LLC, Inc., for tax years 2014 through 2020 at a base value of $200,000,000 for tax years 2014 and 2015 and at a base value of $300,000,000 for tax years 2016 through 2020. He stated that the first payment pursuant to this agreement will be for the tax year 2014. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,395. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Other: Mayor Pro Tem Robert C. Hoskins (Abstain) Approved ORDINANCE NO. 121,395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING LLC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations and Grito Fest in 2014. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,396 authorizes the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations and Grito Fest in 2014, in an amount not to exceed $160,000.00. He stated that the Bayou Bowl will be in Sugarland this year freeing up $55,000 in Hotel/Motel funds, therefore, the allocation for July 3rd and 4th is proposed to increase by $40,000 for two bands. He stated that some or all of the remaining $15,000 will be used for additional statewide advertising. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,396. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council City Council Special Meeting Minutes November 18, 2013 Page 15 of 34 Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATION AND GRITO FEST; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Professional Landscape Architectural Design Services Agreement with Knudson LP for the design, engineering and development of the Fred Hartman Bridge Gateway Monument. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,397 authorizes a Professional Landscape Architectural Design Services Agreement with Knudson LP in the amount of $52,150.00 for the design and construct management to the gateway tower at the convergence of State Highway 146 and Robert C. Lanier Drive. He stated that the proposed gateway will be designed and constructed to generally replicate the newly completed gateway along I -10 and Spur 330 in terms of layout and materials. He stated that since the proposed gateway will be approximately 12 feet taller in scale than the previous gateway. During further discussion, an inquiry was made in regards to the size of the Baytown logo. City Manager Leiper stated that the suggestion is to remove it off the brick on the side and putting it on top of the wall with lighting improvements. He stated that once the visibility of the log is improved, they will take a look at retrofitting the one on Interstate 10. Additionally, he stated that it will take about 30 days to get the contract done, 60 days for design, 30 -45 days for bid, and 120 days for construction. A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 12,397. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 123,397 City Council Special Meeting Minutes November 18, 2013 Page 16 of 34 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 A PROFESSIONAL SERVICES AGREEMENT WITH KNUDSON, LP, FOR THE CITY OF BAYTOWN GATEWAY PROJECT AT THE FRED HARTMAN BRIDGE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY -TWO THOUSAND ONE HUNDRED FIFTY AND NO /100 DOLLARS ($52,150.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance waiving a portion of the pet adoption fee established in Section 14 -40 "Sale or destruction of impounded animals" of the Code of Ordinances, Baytown, Texas, for the month of December 2013. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,398 waives the $40 of the adoption fee for non - spayed or neutered animals and set the adoption fee for all animals to $10 for the month of December 2013. A motion was made by Council Member Terry Sain and seconded by Council Member Scott Sheley approving Ordinance No. 12,398. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 127398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, WAIVING A PORTION OF THE PET ADOPTION FEE AND SUSPENDING THE VOUCHER PROGRAM ESTABLISHED IN CHAPTER 14 "ANIMALS," ARTICLE II "IMPOUNDMENT," SECTION 14 -40 "SALE OR DESTRUCTION OF IMPOUNDED ANIMALS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR THE MONTH OF DECEMBER 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2013 Page 17 of 34 e. 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 utility easements for proposed water and sanitary sewer lines on FM 565 in Chambers County, Texas, consisting of (i) 0.0133 acres out of a 0.6592 -acre tract situated in the Christian Smith Sr. Survey, Abstract No. 22, Chambers County, Texas, and owned by Naveed Interest, Inc., and (ii) 0.2769 acres out of a 1.506 -acre tract situated in the Christian Smith Sr. Survey, Abstract No. 22, Chambers County, Texas, owned by Gary D. Savell. City Manager Leiper presented the agenda item and stated that in order to get the FM 565 Water and Sewer Project moving forward the City needs obtain a 580 square -foot utility easement from a gas station on the corner (owned by Naveed Interest, Inc.), and a 12,060 square -foot utility easement from Gary D. Savell. He stated that the City has been working with the owners to obtain the necessary easements, but such efforts have been unsuccessful. Mayor DonCarlos stated that the language for the motion being made states as such: that the City of Baytown authorize the use of the power of eminent domain on the deed entrance tract to acquire a utility easement for water and sanitary sewer line consisting of .0133 acres of a .6592 acre tract situated in Christian Smith Sr. Survey, Abstract No. 22, Chambers County, Texas, and owned by Naveed Interest, Inc., as according to Volume 891 page 313 of the Chambers County Deed Records being approximately 580 square feet, for the City's FM 565 Water Line and Sanitary Sewer Project; and that the City of Baytown authorize the use of the power of eminent domain to acquire utility easement for water and sanitary sewer lines consisting of 0.2769 acres out of a 1.506 -acre tract situated in the Christian Smith Sr. Survey, Abstract No. 22, Chambers County, Texas, owned by Gary D. Savell, as according to Volume 392 page 322 of the Chambers County Deed Records being approximately 12,060 square feet, for the City's FM 565 Water Line and Sanitary Sewer Line Project. During further discussion, Council Member McCartney wanted clarification that the City was not taking any property, but only running utilities underground along the roads. City Manager Leiper stated that the City is only running utilities underground in the setback area. City Attorney Ignacio Ramirez stated that the City would get an appraisal assessment of what the underground easement is worth and take to the court who will determine what the value would be. Mr. Ramirez stated that the offer that was initially made was to pay the owners 50% of what the land would be worth. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 12,399. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved City Council Special Meeting Minutes November 18, 2013 Page 18 of 34 ORDINACE NO. 123,399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE UTILITY EASEMENTS FOR PROPOSED WATER AND SANITARY SEWER LINES ON FM 565 IN CHAMBERS COUNTY, TEXAS, CONSISTING OF (I) 0.0133 ACRES OUT OF A 0.6592 -ACRE TRACT SITUATED IN THE CHRISTIAN SMITH SR. SURVEY, ABSTRACT NO. 22, CHAMBERS COUNTY, TEXAS, AND OWNED BY NAVEED INTEREST, INC., AS RECORDED IN VOLUME 891, PAGE 313 OF THE CHAMBERS COUNTY DEED RECORDS; AND (II) 0.2769 ACRES OUT OF A 1.506 -ACRE TRACT SITUATED IN THE CHRISTIAN SMITH SR. SURVEY, ABSTRACT NO. 22, CHAMBERS COUNTY, TEXAS, OWNED BY GARY D. SAVELL AS RECORDED IN VOLUME 392, PAGE 322 OF THE CHAMBERS COUNTY DEED RECORDS FOR THE FM 565 WATER LINE AND SANITARY SEWER LINE PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE UTILITY LINES 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. Council Member Sheley requested to take the agenda out of order and consider item 3.e. 3.e. Present new Youth Advisory Commission (YAC) Members. Council Member Sheley presented the agenda item to present new YAC Members to the City Council and staff. The new members were sworn in. 9. PROPOSED RESOLUTIONS a. Consider a resolution accepting the petition of Sowell Wallisville Partners, L.P., for annexation of approximately 111.82 acres of land situated in the Talcott Patching Survey, A -620, Harris County, Texas, northwest of the intersection of Garth and Wallisville Roads. City Council Special Meeting Minutes November 18, 2013 Page 19 of 34 City Manager Leiper stated that a developer has indicated the intended use of the property after annexation as commercial property fronting Garth and Wallisville Roads, for a 490 single family residential lot subdivision. He stated that Resolution No. 2272 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 Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2272. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF SOWELL WALLISVILLE PARTNERS, L.P., REQUESTING ANNEXATION OF APPROXIMATELY 111.82 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING SURVEY, A -620, HARRIS COUNTY, TEXAS, AND LOCATED NORTHWEST OF THE INTERSECTION OF GARTH ROAD AND WALLISVILLE ROAD; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution accepting the petition of Chevron Phillips Chemical Company, LP, requesting annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. City Manager Leiper stated that staff will be presenting to Council more strip voluntary annexations to protect the City of Baytown's extra territorial jurisdiction (ETJ). City Manager Leiper presented the agenda item and stated that Resolution No. 2273 accepts the petition of Chevron Phillips Chemical Company, LP, requesting annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No. 2273. The vote was as follows: City Council Special Meeting Minutes November 18, 2013 Page 20 of 34 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 RESOLUTION NO. 2273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHEVRON PHILLIPS CHEMICAL COMPANY, LP, REQUESTING ANNEXATION OF A 10 -FOOT WIDE STRIP OF LAND NORTH OF INTERSTATE 10, ALONG THE EAST SIDE OF SJOLANDER HEADING NORTHEAST JUST SOUTH OF WALLISVILLE ROAD THROUGH THE PIPELINE CORRIDOR AND TERMINATING AT CEDAR BAYOU, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution casting the City of Baytown's ballot for the election of one or more persons to serve on the Board of Directors of the Chambers County Appraisal District. City Manager Leiper presented the agenda item and stated that City of Baytown's nominee is Everett "Tan" Williams and that there are 55 votes for Council to decide to cast to one or all. Council Member Sheley made a motion to cast the 55 votes for Everett "Tan" Williams. Resolution No. 2274 casts the City of Baytown's ballot for Mr. Everett "Tan" Williams. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving Resolution No. 2274. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2274 City Council Special Meeting Minutes November 18, 2013 Page 21 of 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution casting the City of Baytown's ballot for the election of a person to serve on the Board of Directors of the Harris County Appraisal District. City Manager Leiper presented the agenda item and stated that Council nominated Ed Heathcott in 2011, and that he's is the only person nominated for re- election. Resolution No. 2275 casts the City of Baytown's ballot for Mr. Ed Heathcott. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2275. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution canceling the Monday, November 25, 2013, City Council Meeting. City Manager Leiper presented the agenda item and stated that Resolution No. 2276 cancels the Monday, November 25, 2013, City Council Meeting. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Resolution No. 2276. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2276 City Council Special Meeting Minutes November 18, 2013 Page 22 of 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING ITS REGULAR COUNCIL MEETING TO BE HELD ON NOVEMBER 25, 20139 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 consent agenda items 10.a. through l0.aa. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved a. Consider an ordinance authorizing granting a variance to the Arts with Historic Goose Creek Association, Inc., for its annual Christmas on Texas Avenue to be held on December 7, 2013, from the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempting such event from the application of the City's Peddlers and Solicitors' Ordinance. ORDINANCE NO. 123,400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, City Council Special Meeting Minutes November 18, 2013 Page 23 of 34 TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with Harris County for the Tri -City Beach Road Bridge Repair Project. ORDINANCE NO. 123,401 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 HARRIS COUNTY FOR THE TRI -CITY BEACH ROAD BRIDGE REPAIR PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a construction contract with Angel Brothers Enterprises, LTD, for the Needlepoint Tower Waterline Project. ORDINANCE NO. 12,402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD., FOR THE NEEDLEPOINT TOWER WATERLINE PROJECT; AUTHORIZING PAYMENT OF A SUM OF NINE HUNDRED NINETY -SEVEN THOUSAND SIXTY -FIVE AND 75/100 DOLLARS ($997,065.75); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Cost Share Agreement and an Escrow Agreement with Wal -Mart Real Estate Business Trust for a new waterline from the Needlepoint Water Tower to State Highway 146. ORDINANCE NO. 123,403 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 COST -SHARE AGREEMENT WITH WAL- MART REAL ESTATE BUSINESS TRUST FOR THE CONSTRUCTION OF A NEW WATERLINE FROM THE NEEDLEPOINT WATER TOWER TO STATE HIGHWAY 146; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH WAL -MART REAL ESTATE City Council Special Meeting Minutes November 18, 2013 Page 24 of 34 BUSINESS TRUST AND CHARTER TITLE COMPANY FOR THE FUNDING ASSOCIATED WITH THE COST -SHARE AGREEMENT HEREIN AUTHORIZED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of twenty -eight (28) 2014 Chevrolet Tahoes for the Police Department through the TxSmartBuy Program. ORDINANCE NO. 12,404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED THIRTY - EIGHT THOUSAND EIGHT HUNDRED NINETY -SIX AND 56/100 DOLLARS ($738,896.56) TO RELIABLE CHEVROLET II, L.P., THROUGH THE STATE COMPTROLLER OF PUBLIC ACCOUNT'S TXSMARTBUY PROGRAM FOR THE PURCHASE OF TWENTY -EIGHT (28) 2014 CHEVROLET TAHOES FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing the purchase of twenty -nine (29) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR). ORDINANCE NO. 121,405 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY THOUSAND ONE HUNDRED SIXTY -FOUR AND 27/100 DOLLARS ($160,164.27) TO COBAN TECHNOLOGIES, INC., FOR THE PURCHASE OF TWENTY -NINE (29) MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATIONS, SERVERS, SOFTWARE, HARDWARE AND INSTALLATION AND CONFIGURATION SERVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of twenty -nine (29) Panasonic CF- 53 Mobile Digital Terminals for the Police Department through Department of Information Resources (DIR). ORDINANCE NO. 123,406 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -FOUR THOUSAND THREE HUNDRED TWENTY -EIGHT AND 81/100 DOLLARS ($84,328.81) TO CDW City Council Special Meeting Minutes November 18, 2013 Page 25 of 34 OVERNMENT LLC, FOR THE PURCHASE OF TWENTY -NINE (29) PANASONIC CF -53 MOBILE DIGITAL TERMINALS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase and installation of police emergency equipment for new vehicles through the BuyBoard. ORDINANCE NO. 121,407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIXTEEN THOUSAND SEVENTYTHREE AND 86/100 DOLLARS ($216,073.86) TO FLEET SAFETY EQUIPMENT, INC., FOR THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, LIGHT BARS, PUSH BUMPERS, AND PRISONER CAGES FOR NEW POLICE VEHICLES, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the sole source purchase of dual antenna radar units for the Police Department from MPH Industries, Inc. ORDINANCE NO. 12,408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING PAYMENT IN THE THOUSAND SIX HUNDRED FIFTY -ONE ($553,651.00) TO MPH INDUSTRIES, INC., FOR ANTENNA RADAR UNITS FOR THE POLIO E OTHER PROVISIONS RELATED THERETO; EFFECTIVE DATE THEREOF. AMOUNT OF FIFTY -FIVE AND NO /100 DOLLARS THE PURCHASE OF DUAL DEPARTMENT; MAKING AND PROVIDING FOR THE j. Consider an ordinance authorizing the City Manager to negotiate a services agreement for administration of an employee health clinic, including medical services and supplies. ORDINANCE NO. 123,409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A SERVICES AGREEMENT FOR THE ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN City Council Special Meeting Minutes November 18, 2013 Page 26 of 34 OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($540,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of an agreement with Davis Vision to administer the City of Baytown's vision plan. ORDINANCE NO. 123,410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE SERVICE AGREEMENT WITH DAVIS VISION FOR VISION INSURANCE FOR THE CALENDAR YEAR OF JANUARY 1, 2014, THROUGH DECEMBER 31, 2014; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED SEVENTY - SIX THOUSAND FOUR HUNDRED NINETY -SEVEN AND NO /100 DOLLARS ($76,497.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the renewal of an agreement with American United Life Insurance as the provider of term life insurance for the City of Baytown employees. ORDINANCE NO. 123,411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH AMERICAN UNITED LIFE INSURANCE AS THE PROVIDER OF TERM LIFE INSURANCE FOR THE CITY OF BAYTOWN EMPLOYEES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -SIX THOUSAND AND NO 1100 DOLLARS ($126,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing an agreement with MetLife to administer the City of Baytown's Dental Maintenance Organization (DMO) offered to employees. ORDINANCE NO. 12,412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH METLIFE TO ADMINISTER THE CITY OF BAYTOWN' S DENTAL MAINTENANCE ORGANIZATION COMMENCING IN CALENDAR YEAR JANUARY 1, 2014; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND ONE HUNDRED TWELVE AND NO/ 100 DOLLARS ($17,112.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2013 Page 27 of 34 n. Consider an ordinance authorizing the renewal of a service agreement with TAGCO Associates, LP, as the administrator of retiree benefits for post 65 retiree /spouse medical and prescription benefits. ORDINANCE NO. 129413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF A SERVICES AGREEMENT WITH TAGCO ASSOCIATES, LP, AS RETIREE BENEFITS ADMINISTRATOR; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SIXTY - FIVE THOUSAND THREE HUNDRED SIXTY -SEVEN AND NO 1100 DOLLARS ($665,367.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance to amend Chapter 8 Section 1 "Holidays" and Section 2 "Vacation" of the Personnel Policy Manual to include the day after Thanksgiving and Christmas Eve as employee holidays, and to update the language concerning maximum vacation accruals. ORDINANCE NO. 129414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 8 "ABSENCE," SECTION 1 "HOLIDAYS" AND SECTION 2 "VACATION" OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO INCLUDE THE DAY AFTER THANKSGIVING AND CHRISTMAS EVE AS EMPLOYEE HOLIDAYS, AND TO UPDATE THE LANGUAGE CONCERNING MAXIMUM VACATION ACCRUALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance authorizing an Industrial District Agreement with Praxair, Inc. ORDINANCE NO. 123,415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH PRAXAIR, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an Amendment to the Development Agreement with Chevron Phillips Chemical Company LP., Harris County, the Baytown Redevelopment Authority and the Reinvestment Zone Number One, City of Baytown, Texas, concerning the TIRZ Sjolander Road Project. City Council Special Meeting Minutes November 18, 2013 Page 28 of 34 ORDINANCE NO. 121416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY LP., HARRIS COUNTY, THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR THE TIRZ SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance amending Chapter 86 "Solid Waste," Article IV "Private Collection Vehicles" of the Code of Ordinances, Baytown, Texas, to revise the procedure for revocation of a waste collection permit, to include an appeal process, to update the application requirements, and to establish the dates during which the annual permits shall be valid. ORDINANCE NO. 12417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE IV "PRIVATE COLLECTION VEHICLES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REVISE THE PROCEDURE FOR REVOCATION OF A WASTE COLLECTION PERMIT, TO INCLUDE AN APPEAL PROCESS, TO UPDATE THE APPLICATION REQUIREMENTS, AND TO ESTABLISH THE DATES DURING WHICH THE ANNUAL PERMITS SHALL BE VALID; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. S. Consider an ordinance amending Chapter 18 "Buildings and Building Regulations," Article IV "Plumbing Code," Section 18 -462 "Amendments" and Section 18- 466 "Cross- connection control program" of the Code of Ordinances, Baytown, Texas, to remove the local requirement for annual backflow testing for "non- hazardous" single - family residences. ORDINANCE NO. 12,418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV "PLUMBING CODE," SECTION 18 -462 "AMENDMENTS" AND SECTION 18 -466 "CROSS- CONNECTION CONTROL PROGRAM," SUBSECTION (B)(1) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE RESIDENTIAL City Council Special Meeting Minutes November 18, 2013 Page 29 of 34 IRRIGATION SYSTEMS THAT DO NOT INCLUDE CHEMICAL INJECTION SYSTEMS BE PROTECTED WITH ATMOSPHERIC VACUUM BREAKERS AND TO EXEMPT NON - HAZARDOUS RESIDENTIAL LAWN IRRIGATION SYSTEMS FROM THE ANNUAL TESTING AND REPORTING REQUIREMENTS OF THE CROSS - CONNECTION CONTROL PROGRAM; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing a contract with the Texas Department of State Health Services ( "DSHS ") for online computer services to research the DSHS database to issue certification of vital records. ORDINANCE NO. 123,419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR ONLINE COMPUTER SERVICES TO RESEARCH ITS DATABASE TO ISSUE CERTIFICATION OF VITAL RECORDS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO /100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire." ORDINANCE NO. 129420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider amending Ordinance No. 12,115 to prescribe the number of positions in the classification "Service Group - Police." ORDINANCE NO. 1231421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 12,115 PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION AND TO INCLUDE THE POSITIONS CREATED IN THE City Council Special Meeting Minutes November 18, 2013 Page 30 of 34 FY2013 -14 BUDGET; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance authorizing the purchase of uniforms for the Fire Department from Lone Star Uniforms, Inc., through the USA General Services Administration (GSA). ORDINANCE NO. 12,422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -EIGHT THOUSAND EIGHT HUNDRED FIFTY AND NO 1100 DOLLARS ($58,850.00) TO LONE STAR UNIFORMS, INC., THROUGH FEDERAL SUPPLY SCHEDULE 71 OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE OF UNIFORMS FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance authorizing the renewal of the Annual Construction Materials Contract with Deer Park Lumber Company, Ltd. ORDINANCE NO. 123,423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONSTRUCTION MATERIALS CONTRACT WITH DEER PARK LUMBER COMPANY, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider an ordinance authorizing the renewal of the Annual Cationic Polymer Supply Contract with BASF Corporation. ORDINANCE NO. 123,424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BASF CORPORATION FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -FIVE THOUSAND TWO HUNDRED NINETY -NINE AND 96/100 DOLLARS ($65,299.96); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2013 Page 31 of 34 Z. Consider an ordinance authorizing the purchase of Urban Search Rescue Gear for the Fire Department from Dooley Tackaberry Fire & Safety Equipment Systems through BuyBoard Contract No. 363 -10. ORDINANCE NO. 123,245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -THREE AND NO /100 DOLLARS ($56,883.00) TO DOOLEY TACKABERRY, INC., FOR THE PURCHASE OF URBAN SEARCH RESCUE GEAR THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. aa. Consider a resolution authorizing the City Manager to submit a grant application to the 2013 Assistance for Firefighter Grant for the benefit of providing training props for the Fire Training Facility and the installation and equipment of a GPS based traffic signal preemption system (TSP). RESOLUTION NO. 2277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A FY2013 ASSISTANCE TO FIREFIGHTERS GRANT IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED SEVENTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($872,500.00) FOR THE PURPOSE OF PURCHASING A FIRE STATION ALERTING SYSTEM FOR FIRE STATIONS 1 THROUGH 6; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING AN AMOUNT NOT TO EXCEED EIGHTY -SEVEN THOUSAND TWO HUNDRED FIFTY AND N01100 DOLLARS ($87,250.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Consider five (5) appointments to the Planning and Zoning Commission. City Manager Leiper presented the agenda item to consider five (5) appointments of Ms. Donna Winfrey- Varner, Mr. Brandon Benoit, Mr. Shawn McDonald, Mr. Gilbert Chambers, and Mr. James Cox to the Planning and Zoning Commission. City Council Special Meeting Minutes November 18, 2013 Page 32 of 34 A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the appointments of Ms. Donna Winfrey - Varner, Mr. Brandon Benoit, Mr. Shawn McDonald, Mr. Gilbert Chambers, and Mr. James Cox to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem. Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved b. Consider one (1) appointment to the Baytown Board of Adjustment. City Manager Leiper presented the agenda item and stated that there was one (1) at -large vacancy on this board that was left by the resignation of Ms. Kay Cannon. He stated that there is one (1) application from Ms. Kathie Smith, if appointed to the Baytown Board of Adjustment, would complete Ms. Cannon's unexpired term which is set to expire on July 27, 2015. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving the appointment of Ms. Kathie Smith to the Baytown Board of Adjustment. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved C. Consider appointment to the Civil Service Commission. City Manager Leiper presented the agenda item to consider Mr. Dave Jirrels to the Civil Service Commission. He stated that Mr. Jirrels term is set to expire on December 31, 2013, and under state law and in order for him to serve another consecutive term as a civil service commissioner, an affirmative five (5) Council Member vote is required. All members unanimously voted to approve the appointment of Mr. Jirrels. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the appointment of Mr. Jirrels to the Civil Service Commission. The vote was as follows: City Council Special Meeting Minutes November 18, 2013 Page 33 of 34 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 Annual Baytown Christmas Parade is scheduled to start at 6:30 P.M., Thursday, December 05, 2013, at Market Street in front of Bicentennial Park. City Manager Leiper stated that the Annual 2013 Baytown Christmas Parade is scheduled to start on Thursday, December 5th, at 6:30 P.M., beginning on Market Street in front of Bicentennial Park and will travel down Texas Avenue and end at Commerce Street. He stated that the parade route streets will close at 5:00 P.M., with Market Street will become a "one way" street beginning at 5:00 P.M. and the parade line -up to begin at 5:30 P.M. b. The 47th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 06, 2013, at 7:00 P.M. City Manager Leiper stated that the 47th Annual Art Exhibition will be held on Friday, December 06, 2013, at the Baytown Community Center, 2407 Market Street at 7:00 P.M. He stated that the program will begin with a reception at 7:00 P.M., and awards will be presented to professional and student winners. He stated that Artwork will be accepted November 18th through 22nd and it will be judged on Thursday, November 28th. Additionally, he stated that a photography division, new to the show last year, will be included again this year for professional photographers. C. City of Baytown Offices will be closed on Thursday, November 28th and Friday, November 29th, 2013, in observance of the Thanksgiving Holiday. City Manager Leiper stated that the City of Baytown Offices will be closed on Thursday, November 28th and Friday, November 29th, 2013, in observance of the Thanksgiving Holiday and will reopen at regular times on Monday, December 02, 2013. He stated that the swearing in of newly elected Council Members will be on December 12th, at 5:30 P.M., at City Hall and the honoring of Council Member Sheley's 16 years of service will be scheduled in January. d. Present information regarding the reception and swearing -in of the newly elected council members. City Council Special Meeting Minutes November 18, 2013 Page 34 of 34 City Manager Leiper stated that the Newly Elected Officials' Reception is scheduled to take place on Thursday, December 12, 2013, at 5:30 P.M., in the City Hall Reception Area and that the Swearing -in Ceremony will follow immediately after, once the Council meeting has been called to order at 6:30 P.M. 13. ADJOURN A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III adjourning the November 18, 2013, City Council Regular Meeting. 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 With there being no further business to discuss, Mayor DonCarlos adjourned the November 18, 2013, City Council Special Meeting at 7:53 P.M.